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(영문) 의정부지방법원고양지원 2017.06.30 2017가합70031
근저당권말소등기절차 이행 청구
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1. The Defendant: (a) on the real estate stated in the separate sheet to the Plaintiff; and (b) on the list of factories and mining foundations under Article 6 of the Act on Mortgage of the Mining Foundation.

Reasons

1. Basic facts

A. B is the owner of each immovable and movable property described in the separate sheet since January 26, 2011.

B. On September 4, 2015, B entered into a credit guarantee agreement with the Defendant on the terms of “credit guarantee amount of KRW 280,500,000 and until September 2, 2016” (hereinafter “the instant credit guarantee agreement”) with respect to loans owed to Han Bank Co., Ltd. (hereinafter “I Bank”), and was paid KRW 280,500,000 (hereinafter “B’s loan 1”) from Han Bank on the same day based on the credit guarantee certificate (guarantee No. C) issued by the Defendant.

C. On October 12, 2015, B entered into a loan contract of KRW 1.1 billion with one bank. Pursuant to the Factory and Mining Foundation Mortgage Act with respect to each real estate and movable as indicated in the separate sheet, B entered into a mortgage contract of KRW 1.38 billion with respect to each real estate and movable property as collateral obligation. One bank entered into a mortgage contract of KRW 1.38 billion with respect to each real estate and movable as indicated in the separate sheet, and one bank entered into a mortgage contract of KRW 1.38 billion with respect to each real property and movable as indicated in the separate sheet, and completed a mortgage registration of the establishment of a mortgage (hereinafter “the creation of mortgage of this case”).

B around that time, pursuant to the above loan agreement, one billion won of loans (one billion won of general loan of KRW 100 million, one billion of facility loan of KRW 1 billion; hereinafter “B’s second loan”) was paid by one bank.

B on July 27, 2016, the Plaintiff sold each real estate and movable property listed in the separate sheet to the Plaintiff, and the Plaintiff acquired the ownership of the said real estate and movable property on the same day.

On August 10, 2016, the Plaintiff subrogated to the Han Bank for KRW 1,104,051,045 in total, the principal and interest of the obligations of the Second Loans.

E. Meanwhile, on October 31, 2016, the Defendant subrogated to Han Bank for KRW 282,687,209, total amount of principal and interest of the first loan, and on the same day.

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