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1. Although there is no phrase “E” in the purport of the claim to E, the obligee’s subrogation right is exercised in the cause of the claim.
Reasons
1. Basic facts
A. The Plaintiff loaned KRW 1.7 billion to E on December 28, 2006, KRW 350 million on December 4, 2007, KRW 300 million on March 23, 2009, and KRW 300 million on March 23, 2009, and E filed a lawsuit seeking a loan against the Plaintiff who did not fully repay part of the loan (Seoul District Court Decision 2017Da8554), and on February 8, 2018, “E” was sentenced to the Plaintiff’s payment of KRW 2,287,536,581 and KRW 871,972,482 from December 15, 2016, and the judgment became final and conclusive as is.
B. As to the instant building with a F 333 square meters and the 121.87 square meters on the ground of the detached roof of the light-weight structure on his own ownership (hereinafter “the instant building”), in relation to the establishment registration of a mortgage (hereinafter “mortgage 1”) with respect to the establishment of a mortgage on June 3, 2011, Defendant B, under the receipt of 3945 on June 2, 2011, with the Gangwon-gu District Court, Goyang-gu Office of High-Support, Dayang-gu, Seoul District Court (hereinafter “No. 3945, Jun. 2, 2011), the establishment registration of a mortgage (hereinafter “mortgage 1”) consisting of the contract, the maximum debt amount, 45 million won, and the subsequent mortgage (hereinafter “mortgage 3946, Jun. 3, 2011”) was created against Defendant C on June 2, 201, and the establishment registration was deemed as the establishment registration of a mortgage (hereinafter “mortgage 200,”).
C. On June 3, 2011, as to the registration of creation of a mortgage (hereinafter “third-party mortgage”) with respect to the land size of 390 square meters in G and 433 square meters in H prior to G (hereinafter “second-party real estate”) as to the land size of 390 square meters (hereinafter “the second-party real estate”) owned by E on June 2, 201, Defendant D completed the establishment of a mortgage (hereinafter “the third-party mortgage”) around June 2, 201, consisting of the contract and the maximum debt amount of 97 million won (hereinafter “the third-party mortgage”).
On November 18, 2013, Defendant Republic of Korea registered the establishment of the second place of the establishment of a mortgage with value-added tax of KRW 32,123,950 on E and global income tax claims as preserved bonds.