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(영문) 광주고등법원 2014.12.26 2014나10853
근저당권말소
Text

1. Part concerning the plaintiff's claim for restitution following the revocation of fraudulent act among the part against the defendant in the judgment of the first instance.

Reasons

1. After remanding, the part between the Plaintiff and the co-defendant B and C in the judgment before remanding the entire claim against the Defendant (including a change in exchange from the trial before remanding the case) and the Defendant’s appeal against the Defendant before remanding the entire claim against the co-defendant B and C. As such, the part between the Plaintiff and the co-defendant B and C in the judgment before remanding the case is finalized. The Supreme Court accepted the Defendant’s appeal and reversed the part concerning the Defendant in the judgment before remanding the case, the subject of the trial after remanding the case is limited to the Plaintiff’s claim against the Defendant.

2. On November 1, 2007, the Plaintiff concluded a credit guarantee agreement on April 30, 201, which provides that the Plaintiff shall guarantee the repayment obligation of the loan for corporate general facilities loans from a national bank, a stock company, and that the guarantee principal amount is KRW 5 billion between three places and three places, and the guarantee term is set forth as the credit guarantee agreement on April 30, 2013.

On February 29, 2008, the third party's payment of interest was delayed and there was an accident of guaranteeing the loss of the interest due to the repayment obligation of the above loan. On December 29, 2008, the Plaintiff subrogated to KRW 4,603,266,882 out of the principal and interest obligation of the loan that was made available to the National Bank of Korea under the above credit guarantee agreement.

On February 3, 2009, the third party concluded a mortgage agreement on the attached real estate (hereinafter “instant real estate”) with D (hereinafter “mortgage agreement”) on the attached property (hereinafter “instant real estate”). On February 3, 2009, the third party registered the establishment of a mortgage (hereinafter “the establishment of a mortgage”) with D as the Jeju District Court Naju registry Office No. 3020, Feb. 3, 2009, at KRW 3750,000,000, and D completed the registration of the establishment of a mortgage (hereinafter “the establishment of a mortgage of this case”) with E on May 23, 2009, and completed the registration of the transfer with the same registry office No. 20527, Jun. 25, 2009.

Co-Defendant B and C prior to remand are D.

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