(영문) 청주지방법원충주지원 2015.10.22 2014가단22461

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원충주지원 2015.10.22 2014가단22461

근저당권말소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1 against the Plaintiff’s deceased C and its inheritors (hereinafter “the deceased”).

(A) New-Haat Co., Ltd. (hereinafter referred to as “NE”)

(2) On August 30, 2002, the non-party company jointly and severally guaranteed the obligation owed to the Plaintiff under a credit guarantee agreement (a guarantee amount of KRW 300,000,000) dated August 29, 2002. (2) On August 30, 2002, the non-party company submitted a credit guarantee statement of KRW 297,50,000 to the National Bank and entered into a credit transaction agreement of KRW 350,00,000 for the credit amount received from the Plaintiff.

3) As the Plaintiff did not pay the principal on April 7, 2003, the Plaintiff subrogated for KRW 304,881,90 on September 25, 2003. 4) The Deceased died on May 16, 2004. D, E, and F, the inheritor of the Deceased, reported the inheritance approval to the Cheongju District Court, as the Cheongju District Court, as the Cheongju District Court, as the Cheongju District Court, and received the said report from the above court on July 20, 2004.

5) The Plaintiff filed a lawsuit against D, E, and F stating that “D jointly and severally with the non-party company, etc. within the limit of the property inherited from the deceased, shall pay damages for delay on September 15, 2005 and damages for delay on each of the above money” with D, E, and F. The lower court rendered a favorable judgment on September 15, 2005. The lower court became final and conclusive at that time (the lower court 2004Gadan8190). (b) The Defendant established the right to collateral security on March 27, 2003, completed the registration of creation of a mortgage (hereinafter referred to as the “instant real estate” and the said right to collateral security (hereinafter referred to as the “mortgage”).

C. (1) The Deceased completed the registration of ownership transfer on March 12, 2001 with respect to the instant real property on the grounds of sale as of August 18, 199.

2) The Plaintiff, in subrogation of D, E, and F in accordance with the final judgment mentioned in paragraph (5) above, succeeds to the title D with respect to shares in 3/7 of the instant real estate, and the title E and F with respect to shares in 2/7 of the instant real estate.

유사 판례

-수원지방법원 2019.02.12 2017가합21223

-창원지방법원밀양지원 2016.08.31 2014가단11477

-창원지방법원진주지원 2016.09.27 2015가단33096

-전주지방법원 2020.07.02 2019나9234

-광주지방법원 2014.05.15 2013가합56572