logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.12.16 2014나41428
근저당권설정등기말소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On September 18, 2001, the Daeyang Mutual Savings and Finance Company (hereinafter “Mayang Mutual Savings and Finance Company”) filed a lawsuit against B, D, etc. against the Suwon District Court for loans, etc.

(Y) On October 30, 2001, J. 2001, J. did not dispute at all with the delivery of the above complaint on October 30, 2001.

B. The defendant is the spouse of B omitted.

On April 1, 2002, on the instant land owned by B, the registration of establishment of a neighboring mortgage (hereinafter referred to as the “mortgage registration of this case”) was completed as follows.

On March 29, 2002, the Defendant of B-mortgaged Co., Ltd. with a maximum debt amount of KRW 40,000,000 on March 29, 2002

C. On April 18, 2002, the Suwon District Court rendered a ruling that "B shall pay the amount of 8,140,236 won jointly and severally with D and 3,957,109 won with interest rate of 24% per annum from June 26, 2001 to the date of full payment (U.S. District Court 2001Ga75499)" (the above ruling became final and conclusive around that time.

On May 11, 2012, the Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) filed an application for a payment order with the Suwon District Court B, D, etc. to prevent the expiration of the extinctive prescription of the above judgment.

On May 21, 2012, "B shall pay the amount of 8,140,236 won jointly and severally with D and 3,957,109 won per annum 24% per annum from June 26, 2001 to the date of full payment." The payment order (No. 2012 tea 2352) was issued, and the above payment order was finalized on July 14, 2012.

E. On May 31, 2012, the Korea Deposit Insurance Corporation transferred the above credit to the Plaintiff, and notified the transfer to B on May 9, 2014.

F. B is, as of the closing date of the argument in this case, a small-sized property as of the closing date of argument in this case is insolvent in excess of

Grounds for Recognition: Facts without dispute, Gap 1, 2, 3, 4, 6, and Eul.

arrow