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(영문) 청주지방법원 2016.08.11 2015가단110959
근저당권말소
Text

1. As to the real estate listed in the separate sheet to Nonparty B:

A. The defendant bankrupt, the bankrupt, the Jinjin Industries Corporation.

Reasons

1. Facts of recognition;

A. The Plaintiff is a creditor who holds a claim against B in accordance with the Cheongju District Court 2004Gaso2945 decision on performance recommendation for acquisition money claim.

B. B is the owner of the instant real estate, and upon receipt of the registration of the Cheongju District Court on August 6, 1997, the registration of the Cheongju District Court and the registration of the establishment of a neighboring mortgage (hereinafter “the first collateral mortgage”) under the Act No. 30615, the maximum debt amount of KRW 50 million, and the debtor, Inc. D (hereinafter “D”).

C. Since then, B transferred the instant collateral security to the bankruptcy company on February 16, 1998 for a continuous transaction relationship with Seogjin Machinery and Equipment Co., Ltd. (hereinafter “Seojin Heavy Industries Co., Ltd.”).

In addition, around March 1997 and around August 197 of the same year, B provided a credit guarantee of KRW 100 million for each guaranteed amount from the Defendant New Credit Guarantee Fund (hereinafter “Defendant New Credit Guarantee Fund”), and provided a joint guarantee to the Defendant New Credit Guarantee Fund. In order to secure the prior reimbursement obligation, the Defendant New Credit Guarantee Fund made a registration of the Cheongju District Court and the registration of the establishment of a neighboring mortgage (hereinafter “the second priority mortgage”) with the maximum debt amount KRW 200 million as of September 9, 1997, and the debtor as D (hereinafter “the second priority mortgage”).

E. Meanwhile, on November 5, 2012, the bankruptcy company was declared bankrupt by the Gwangju District Court (2012Hahap12), and on the same day, A was appointed as the bankruptcy trustee of the bankruptcy company.

F. Defendant National Health Insurance Corporation (hereinafter “Defendant NIB”) had a claim against the bankrupt company. However, on October 6, 2014, attached the instant collateral security right to the instant collateral security right, and accordingly, on October 10, 2014, the attachment registration was completed on the instant real estate.

G. Meanwhile, on November 29, 2013, Defendant New York Fund transferred claims against D and B to the Korea Asset Management Corporation, and accordingly, the Korea Asset Management Corporation transferred this case for Defendant New York Fund.

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