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(영문) 대전지방법원홍성지원 2020.01.14 2019가단1725
근저당권설정등기말소등기
Text

1. On October 30, 2002, the defendant shall receive from C the Cheongyang District Court's Cheongyang Registry on each real estate stated in the attached list.

Reasons

1. Indication of claim;

A. The Plaintiff established a preservation claim against C was issued a credit guarantee certificate when C receives a loan from DD, and thereafter C paid 58,607,940 won to D Association as C did not pay its debt.

Accordingly, the Plaintiff acquired the claim for indemnity against C. The amount of the claim is “128,672,561 won and 58,607,940 won and 12% per annum from May 27, 2015 to August 19, 2015, and 20% per annum from the following day to the date of full payment.”

(See Daejeon District Court’s Hongsung Branch Decision 2015j. 289). In addition, the Plaintiff applied for a payment order against the deceased E, who is the decedent of the Daejeon District Court, and received a payment order (see Daejeon District Court’s Hongsung Branch Decision 2015j. 76), and the network E’s monetary liabilities were succeeded to C.

As above, the Plaintiff has monetary claims against C.

B. On October 30, 2002, Daejeon District Court No. 9009, which received registration of the establishment of a neighboring mortgage (hereinafter referred to as the "registration of the establishment of a neighboring mortgage of this case") to the Defendant on October 30, 2002, the subrogation claim network E against the Defendant, and the "mortgage of this case" refers to the "mortgage of this case where the aforementioned registration is attached to the mortgage.

The ownership of each real estate listed in the separate sheet was inherited to C. However, the secured debt of the instant right to collateral security was expired on November 1, 2012 after ten years from the date on which the establishment registration of the instant mortgage was completed, and thus, the instant right to seek the cancellation of the establishment registration of the instant right by subrogationing C as the creditor of C, who is the owner of each real estate listed in the separate sheet.

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