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(영문) 창원지방법원진주지원 2014.11.07 2013가단33641
근저당권말소
Text

1. As to the real estate stated in the separate sheet to Nonparty B, the Defendant:

A. Changwon District Court Lower Branch of the District Court on August 30, 1999

Reasons

1. Facts of recognition;

A. On October 15, 1997, the non-party Samcheon Credit Union lent KRW 20 million to the non-party B (hereinafter referred to as "non-party B"), and the bankruptcy trustee of the Samcheon National Credit Union declared bankrupt was jointly and severally against the non-party and the joint guarantor around 2004, and the payment order was finalized on October 1, 2004 on the ground that the bankruptcy trustee of the Samcheon National Credit Union applied for the payment order of KRW 13 million with respect to the non-party and the joint guarantor.

B. Around December 2004, the Plaintiff acquired the claim that became final and conclusive on the payment order from the above trustee in bankruptcy.

C. On August 25, 1998, the Nonparty concluded a mortgage agreement with the Defendant regarding the real estate indicated in the separate sheet (hereinafter “the instant real estate”) owned by him as the maximum debt amount of KRW 25 million, and accordingly, concluded a mortgage agreement with the Changwon District Court (No. 11555, which was received on August 30, 1999, the registration of the establishment of the neighboring mortgage (hereinafter “the instant first neighboring mortgage”) was completed.

On July 28, 2009, the Nonparty entered into a mortgage agreement with the Defendant, which additionally provides a maximum debt amount of KRW 25 million with respect to the said real estate, and accordingly, concluded a mortgage agreement with the Defendant, the Changwon District Court (No. 15749, August 27, 2009, which subsequently completed the registration of creation of a neighboring mortgage (hereinafter “the second collateral mortgage”) with the Changwon District Court No. 15749, supra.

E. On October 10, 2003, the real estate listed in the attached list 1 among the instant real estate was donated to Nonparty C on or around October 10, 2003, and the registration of ownership transfer was completed under the Changwon District Court’s subordinate registry office No. 14538, Oct. 15, 2003.

F. As of the date of the closing of the instant argument, the Nonparty owned the real estate indicated in the separate sheet 1,700,000 won as active property and the attached list 2. However, with respect to the real estate indicated in the separate sheet 2, the said trustee in bankruptcy completed provisional attachment execution of KRW 22,825,862, around October 29, 2002.

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