logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.02.04 2014가단66411
근저당권말소
Text

1. The defendant shall receive on February 20, 1998, from the Daejeon District Court, Jin-si, Daejeon District Court with respect to the land size of 301 square meters in Jin-si.

Reasons

1. Basic facts

A. The Defendant’s registration of the establishment of the right to collateral security (hereinafter “instant land”) completed the registration of the establishment of the right to collateral security (hereinafter “registration of the instant right to collateral security”) with respect to the Defendant on February 20, 1998, Daejeon District Court, Jinjin-si, Daejeon District Court No. 4583, which received on February 20, 1998.

B. The Plaintiff’s claim 1) Korea-China Mutual Savings Bank (hereinafter “Korea-China Mutual Savings Bank”)

(2) On May 25, 2001, 200 million won, and June 27, 2002, 200 million won were each loaned to B at 12% per annum, and 23% per annum, respectively. B delayed payment of interest and lost the benefit of the due date on February 24, 2004. (2) Korea-China Mutual Savings Bank was declared bankrupt by the Seoul Central District Court on February 24, 2006, and the Korea Deposit Insurance Corporation was appointed as bankruptcy trustee.

3) On March 30, 2007, the Korea Deposit Insurance Corporation of Korea, a mutual savings bank of Korea, filed a lawsuit against B over a loan claim and rendered a judgment on March 30, 2007 that “B shall pay the amount of KRW 23 million from April 14, 2004 to KRW 16 million, and from May 2, 2004 to KRW 7 million, the amount of interest calculated at the rate of 23% per annum from May 2, 2004 to the date of full payment,” which became final and conclusive (Seoul Central District Court Decision 2007Da13235, May 4, 201). The above Korea Deposit Insurance Corporation transferred the principal and interest claim against B to the Plaintiff on June 13, 201, and notified the fact of the transfer to B on August 5, 2011.

C. Insolvent B is insolvent in which negative property exceeds positive property.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 to 3 evidence, response to an order to withdraw the taxation information of the head of Junggsan and the purport of the whole pleadings

2. The parties' assertion

A. Since the registration of creation of the right to collateral of this case was completed ten years after the existence of the secured obligation or the completion of the registration, the Defendant’s right to collateral of this case was completed.

arrow