Text
1. Defendant B is charged with all-round indictment of the Jeonju District Court on November 29, 2006 with regard to the real estate stated in the attached list to the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 10, 2011, the Plaintiff filed a lawsuit against the Intervenor’s Intervenor, etc. (hereinafter “ Intervenor”), claiming the acquisition amount under this Court 201Gahap1360, and this Court rendered a judgment that “The Intervenor, the Intervenor, and the Limited Liability Company E, F, and G jointly and severally pay to the Plaintiff the amount of KRW 155 million per annum from April 7, 2010 to the date of full payment, and the amount of KRW 18% per annum from the date of full payment.”
The above judgment between the Plaintiff and the Intervenor became final and conclusive on September 22, 2011.
(hereinafter “Final Judgment”). (b)
On April 9, 2003, the intervenor, as the owner of the real estate listed in the attached list, completed the registration of creation of the right to collateral security (No. 16408), which caused 39 million won of the maximum debt amount (No. 16408), to Defendant C Co., Ltd. (hereinafter “Defendant C”), as the former District Court’s receipt of indictment, and completed the registration of creation of the right to collateral security (No. 53792), which caused her omission in wife H on November 29, 2006, under Article 53792 of the same registry office (hereinafter “right to collateral security”) with the Defendant, who received the said registration office.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including branch numbers for those with serial numbers), the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. 1) The gist of the Plaintiff’s assertion was that there was no secured debt of the right to collateral security (No. 53792) or that the ten-year extinctive prescription has expired. Accordingly, the Defendant’s subrogation of the Intervenor must implement the procedure for registration of cancellation of the registration of the establishment of the right to collateral security (No. 53792). The summary of the Defendant’s assertion was that the Intervenor B lent KRW 80 million to the Intervenor at the interest rate of 1% per month until October 25, 2006, including approximately KRW 50 million until August 24, 2006, and approximately KRW 30 million until October 25, 2006. The Intervenor completed the registration of the establishment of the right to collateral security (No. 53792) to secure the said debt to the Defendant B.
An intervenor against Defendant B, No. 53792.