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(영문) 서울중앙지방법원 2014.10.01 2013나50892
근저당권말소 대위청구
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Reasons

1. Basic facts

A. The Plaintiff (the parties before the change: 1) is a legal entity established to efficiently perform the payment of deposits, etc. claims, such as loans, collection of claims such as loans, and disposal of insolvent financial institutions under Article 36-5 of the Depositor Protection Act, and other affairs related to liquidation of such insolvent financial institutions, and Gyeongbuk Mutual Savings Bank (hereinafter “Gyeongbuk Mutual Savings Bank”).

(2) Defendant A is an agent of C, and Defendant B is an female student of C.

B. The Plaintiff’s claim for the loan was established 1) The Gyeongbuk Mutual Savings Bank filed a lawsuit against C with the Daegu District Court Branch Branch of 2006Gau140080. On January 24, 2007, the court rendered a judgment that “C shall pay to the Gyeongbuk Mutual Savings Bank the amount of KRW 2,255,646 and the amount calculated at the rate of 56% per annum from July 2, 2003 to August 1, 2003, and 66% per annum from the next day to the day of full payment.” The above judgment became final and conclusive around that time (hereinafter referred to as “the claim for the loan of this case”).

2) On December 21, 2007, the Financial Supervisory Commission decided to transfer contracts and to revoke business authorization for the North Korean mutual savings bank pursuant to the Act on the Structural Improvement of the Financial Industry. Accordingly, the instant judgment was transferred to the Plaintiff. The custodian of the North Korean mutual savings bank and the Plaintiff, on the same day, announced the summary of the decision to transfer contracts and the fact of the transfer of contracts in two or more daily newspapers, such as the North Korean economy, etc.

C. On December 6, 1990, C’s real estate listed in the separate sheet (hereinafter “instant apartment”) on December 6, 1990, as the Defendants’ establishment of collateral security registration, C’s insolvency, etc.

On December 30, 198, Defendant A completed the registration of ownership transfer based on the sale on December 30, 198.2) Defendant A concluded a mortgage contract on February 19, 1993 regarding the instant apartment on February 18, 1993.

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