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1. E, March 24, 2015, extinctive prescription granted to the Defendants on KRW 30,000,000, to be repaid to the networkF.
Reasons
Basic Facts
A. On August 9, 2011, the Korea Credit Guarantee Fund filed a lawsuit claiming reimbursement against E by the Seoul Central District Court Decision 201Ga74077, and rendered a favorable judgment of the Plaintiff on August 9, 2011, and the said judgment (hereinafter “judgment claim”) became final and conclusive around that time.
B. After September 25, 2014, the Korea Credit Guarantee Fund transferred the foregoing judgment claim to the Plaintiff pursuant to the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation. Around that time, notified the Plaintiff of the transfer of claim
C. On August 7, 1995, E entered into a contract to establish a mortgage (hereinafter “mortgage”) with the net F and the maximum debt amount of KRW 90,000,000 with respect to the instant real property, and completed the registration of the establishment of a mortgage to the network F on August 31, 1995.
The deceased on April 2, 2005, the deceased on April 2, 2005, and the heir is his spouse and the Defendants are children.
[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, and the purport of the entire pleadings was asserted by the plaintiff, and ten years have elapsed since the date on which the secured claim of the instant right of collateral security was created and expired.
Therefore, since the mortgage of this case was extinguished by the extinction of the secured debt, the Defendants are obligated to cancel the registration of establishment of the mortgage of this case.
Therefore, the Plaintiff, as a creditor of the Plaintiff, seeks the Defendants to implement the registration procedure for cancellation of the establishment registration of the instant mortgage in subrogation of E.
In electively, on March 24, 2015, E recognized the Defendants’ obligation to pay KRW 30,000,000 to the networkF, and its approval should be revoked by fraudulent act. The Defendants are obliged to implement the procedure of cancellation of the registration of the establishment of a mortgage in the vicinity of the instant case by restitution.
The Defendants’ assertion E renounced extinctive prescription interest on the secured claim of the instant right to collateral security.
The claims for fraudulent act.