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(영문) 서울중앙지방법원 2017.06.12 2016가단5027323
근저당권말소
Text

1. The defendant shall accept on May 31, 2001, the registration office of the Seoul Central District Court with respect to the real estate stated in the attached list to B.

Reasons

1. Basic facts

A. On April 24, 2000, Han Bank borrowed 2 billion won to C Co., Ltd. at the due date on March 17, 2001 and 19% per annum on delay damages, and B and D Co., Ltd jointly and severally guaranteed the above company’s loans.

B. C Company neglected to pay the principal and interest, thereby losing the benefit of time. On April 29, 2003, one bank transferred the above loan claim to the company specializing in Eno Seoul Special Metropolitan City Primary Asset-backed Securitization.

The above limited liability company filed a lawsuit against C and B (Seoul Central District Court 2006Gahap26095). On July 13, 2006, there was a judgment that "C and B, and D & D jointly pay 1,985,618,931 won to the limited liability company specializing in Eno Seoul Special Metropolitan City, and 19% per annum from April 1, 2001 to May 11, 2006, and 20% per annum from the following day to the date of full payment." The above judgment became final and conclusive on September 9, 2006.

C. On December 2, 2008, the Plaintiff acquired a claim based on the above judgment from a limited liability company specializing in the Eno-Seoul First Asset-backed Securitization.

On May 31, 2001, the Defendant completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) against the Defendant, the maximum debt amount of KRW 120,00,000, and the debtor B, regarding the real estate listed in the separate sheet (hereinafter “instant house”).

E. As of the closing date of the instant pleading, B is in the insolvent of the debt excess.

[Grounds for Recognition] Unsatisfy, entry of Gap 1 to 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s claim extinguished by the statute of limitations on the secured debt of the registration of the establishment of the instant mortgage, and even if not, the above registration was completed by false conspiracy. Therefore, in order to preserve the claim against B, the Defendant seeking the cancellation of the registration of the establishment of the instant neighboring mortgage by subrogation of B in order to secure the claim against B.

B. The defendant alleged in B from 1993 to 1999.

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