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(영문) 광주지방법원목포지원 2016.05.10 2015가단9392
근저당권말소
Text

1. As to each real estate listed in the separate sheet:

A. The contract establishing a right to collateral security concluded on May 12, 2015 by Defendant B with Defendant B.

Reasons

1. Facts of recognition;

A. A. B entering into a credit guarantee agreement with the Plaintiff to secure the repayment of the principal and interest of loan (hereinafter “each credit guarantee agreement of this case”) with the Plaintiff as of February 27, 2008, with the guarantee term of KRW 42,500,000, and KRW 6,035,000 as of April 24, 2012, and KRW 6,035,00 as of April 24, 2015, and KRW 6,07,50 as of May 28, 2013, and KRW 6,07,50 as of May 28, 2013, and KRW 7,00 as of May 28, 2016 (hereinafter “the credit guarantee agreement of this case”), and each credit guarantee agreement of this case was concluded with the Agricultural Cooperative issued under each of the credit guarantee agreements of this case, and was granted a loan of KRW 10,507,207 (hereinafter “the loan”).

B. (1) On February 28, 2015, the Plaintiff’s subrogation for the Plaintiff: (i) delayed payment of interest; (ii) lost the benefit of May 28, 2015; and (iii) due date for the loan was due on April 24, 2015; and (ii) loss of the benefit of June 18, 2015 due to the occurrence of a credit guarantee accident under each of the instant credit guarantee agreements; and (ii) the Plaintiff subrogated for KRW 1, 2, 38,444,852 to the Agricultural Cooperative, the principal and interest of each of the loans on June 19, 2015.

C. B’s act of disposing of property under B (1) on May 12, 2015, each of the real estate listed in the separate sheet with the Defendant (hereinafter “each of the instant real estate”).

A) As to the instant mortgage contract with the maximum debt amount of KRW 80,000,000 (hereinafter “instant mortgage contract”).

(B) On May 14, 2015, each of the instant real estate was registered to the Defendant on May 14, 2015 (hereinafter referred to as the “registration to establish a new mortgage of the instant real estate”).

(2) At the time of the instant mortgage contract, B owned 49m2 as active property, each of the instant real estate and the entire-nam-gun C forest land, U.S., and owned a small property as ①, ②, and ③ respectively.

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