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(영문) 서울동부지방법원 2017.05.11 2015가합4410
근저당권설정등기말소
Text

1. The defendant on March 5, 1991 to the plaintiff succeeding intervenor as to each real estate listed in the separate sheet.

Reasons

Basic Facts

On March 5, 1991, the Korea Guarantee Insurance Co., Ltd. (hereinafter “Korea Guarantee Insurance”) lent KRW 972 million to the Soft Industries Co., Ltd. (hereinafter “Surgic acid”), and in order to secure this, the registration of the establishment of a neighboring mortgage with the amount of KRW 972 million, which is KRW 972 million, to secure each real estate listed in the attached list, as Seoul East Eastern District Court No. 11457, Mar. 5, 1991, the creditor completed the guarantee insurance against the creditor, the debtor, and the maximum debt amount of KRW 972,00,000.

On November 23, 1992, the Korea Security Insurance Co., Ltd. transferred the loans, claims, and collateral security to the Defendant within the scope of KRW 350 million. So, the Korea Security Insurance Co., Ltd. consented to the above assignment of claims without objection, and accordingly, the Seoul East Eastern District Court No. 56270, Nov. 23, 1992 with respect to each real estate listed in the separate sheet, as Seoul East Eastern District Court No. 56270, Dec. 23, 1992, the amount of KRW 350 million out of each of the above collateral security was transferred to the Defendant

(hereinafter referred to as “the first collateral mortgage”) In addition, the establishment registration was completed with the maximum debt amount of KRW 700 million, which was received on May 20, 1991 by the Seoul Eastern District Court No. 26752, the mortgagee, the debtor, and the maximum debt amount.

(2) The Plaintiff acquired the said collateral and the secured debt within the limit of KRW 170 million and completed the supplementary registration of partial transfer of the right to collateral security under the Seoul Eastern District Court Ordinance No. 32807, Jun. 2, 2011, by transfer of the said collateral and the secured debt within the scope of KRW 170 million.

(hereinafter “third party collateral security”). On October 4, 2015, the Plaintiff transferred the third party collateral security and its secured claim to the Intervenor succeeding to the Plaintiff, who was the Plaintiff’s usual meeting, without compensation, and each of the attached list is stated.

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