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(영문) 춘천지방법원강릉지원 2019.12.17 2019나31143
근저당권말소
Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Defendant.

Reasons

1. Facts of recognition;

A. On December 20, 1996, the network D (hereinafter “the network”) entered into a credit transaction agreement with E Association (hereinafter “E”), 20,000,000 won per annum, interest rate of 14.5% per annum, interest rate of delay rate of 20,000 per annum, and interest rate of 20% per annum, and December 20, 1997, and agreed to apply the basic terms and conditions of the E’s credit transaction and delay damages on the basis of the rate of delay damages as determined by E. The Defendant Intervenor (hereinafter “ Intervenor”) and F jointly and severally guaranteed the obligation of the deceased.

(hereinafter “instant loan claims” or “the instant loan obligations” (hereinafter “instant loan obligations”).

On July 22, 1997, the Deceased created a right to collateral security (hereinafter “right to collateral security”) of KRW 35,000,000 with respect to the real estate listed in the attached list (hereinafter “the instant real estate”).

C. In order to preserve the claim amounting to KRW 93,296,437 on April 22, 1998, E provisionally seized the instant real estate (hereinafter “the provisional attachment order of this case”) by the Gangseo-gu District Court of Chuncheon Branch of 98Kadan3107 on April 22, 1998.

E transferred the instant loan claims to the Korea Asset Management Corporation on October 11, 2002, and the Korea Asset Management Corporation filed a lawsuit against the deceased, intervenors, and F on February 18, 2006 against the claim for the transfer of the instant loan claims by filing a claim for the transfer of the instant loan claims with the Gangnam District Court 2005Gau43531.

E. The Deceased died on December 3, 2006, and G, H, and I, the deceased’s spouse and children, renounced inheritance on June 29, 2007, and the Intervenor, the birth of the Deceased, renounced inheritance on May 28, 2018, and the Intervenor, the birth of the Deceased, who was the birth of the deceased, approved inheritance on the same day.

F. On August 28, 2012, the Korea Asset Management Corporation again transferred the instant loan claims to the Plaintiff, and entrusted the Plaintiff with the authority to express his/her intent of assignment of claims, and on August 24, 2018, the Plaintiff notified the Plaintiff of the assignment of claims.

G. J against the Defendant.

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