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(영문) 대전지방법원 2021.02.18 2020가단110035
근저당권말소
Text

The defendant shall register the Daejeon District Court with respect to the share C 2/10 of each real estate listed in the attached list.

Reasons

1. Facts of recognition;

A. On August 25, 2017, the Plaintiff’s preserved claim C filed for a personal rehabilitation proceeding with Daejeon District Court 2017 Daejeon District Court 29165, and received a decision to commence the individual rehabilitation proceeding on September 27, 2017 (hereinafter “individual rehabilitation”).

The above personal rehabilitation creditors list stated the Plaintiff’s claim for indemnity against C, but on April 1, 2020, the amount of the above claim for indemnity as of April 1, 2020 is KRW 54,262,50 (hereinafter “the preserved claim”).

B. On November 2, 2004, the Defendant’s registration of the creation of a collateral security (hereinafter “the Deceased”) was made with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on November 2, 2004, C registered the establishment of a collateral security (hereinafter “instant collateral security”) with the maximum amount of KRW 50,000,000, nearby mortgagee E, and debtor D. On November 21, 2019, C, one of the deceased’s successors, registered the transfer of ownership due to inheritance as to 2/10 shares of each of the instant real estate on November 21, 2019.

2) The Defendant 2014

9.2. The registration was completed to change the person holding the right to collateral security as the defendant on the ground of the transfer of the contract regarding the instant right to collateral security.

(c)

C’s insolvent C has no particular property other than each of the instant real estate, and as of June 3, 2020, as of June 3, 2020, there is a debt of approximately KRW 33,061,00 in total to F, G, H, I, and J, in addition to the claim for reimbursement against the Plaintiff as of June 3, 200.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. The registration of the establishment of the instant mortgage, which is the cause of the Plaintiff’s claim, is null and void because there is no secured claim, or even if not, it is null and void because the secured claim does not exist due to the extinction of prescription.

The Plaintiff seeks to cancel the registration of the establishment of the instant right to collateral security, which was completed with respect to C’s 2/10 shares, in subrogation of C with the preserved claim.

3. Determination

A. According to the purport of Gap evidence Nos. 1 and 2 as well as the overall purport of the theory, E.

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