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(영문) 서울중앙지방법원 2016.07.26 2016가단1951
근저당권설정등기말소등기
Text

1. The defendant shall accept on October 7, 1992, the defendant on each real estate listed in the separate sheet to B.

Reasons

1. Basic facts

A. On October 7, 1992, B entered into a contract on October 5, 1992 with respect to each real estate listed in the separate sheet owned by B to the Defendant on October 7, 1992, on which the establishment registration of a neighboring mortgage as stipulated in Section 1 of the Disposition No. 1 of 100 million maximum debt amount was completed.

B. The Plaintiff filed a lawsuit against B, etc. against the Seoul Central District Court 2010Kadan159483, and on November 4, 2010, “B, jointly and severally with the Korea Electronic Industry Corporation, etc., 21% per annum from September 29, 1992 to March 25, 1993; 18% per annum from the next day to June 4, 1995; 18.5% per annum from the next day to October 13, 2010; and 20% per annum from the next day to the day of full payment.” The above judgment became final and conclusive on November 30, 2010.

(c) B is currently insolvent.

[Grounds for Recognition] Facts without dispute, or entries in Gap evidence 1 and 2 (including each number), the purport of the whole pleadings

2. Judgment on the parties' arguments

A. The Plaintiff’s assertion 1) : The establishment registration of each of the instant mortgages was null and void due to the absence of the secured claims, or even if not, the extinctive prescription of the relevant claims was completed. Therefore, upon the Plaintiff’s request by the Plaintiff who subrogated to the insolvent B as a creditor, the Defendant is obligated to implement the registration procedure for cancellation of each of the instant mortgages. (2) Defendant: (a) on March 31, 1992, the Defendant lent KRW 130 million to B on July 31, 1992, which was determined as the due date, and was not repaid; and (b) each of the instant mortgages was established from October 7, 1992.

B As to the secured claim of each of the instant secured claims, the statute of limitations has been interrupted since the letter of promise on December 30, 201, and the letter of loan dated May 30, 201, approved the obligation by re-preparation of the loan certificate.

B. The determination of whether the secured claim is established shall determine only the maximum amount of the secured debt and determine the debt.

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