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(영문) 서울중앙지방법원 2016.09.21 2016가단5005583
근저당권말소
Text

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

A. Defendant A shall make a three-party registry offices of the Chuncheon District Court to B on February 11, 1993.

Reasons

1. Basic facts

A. The plaintiff filed a claim for reimbursement against B with this court 2009 Ghana1315420, and this court rendered a judgment on April 29, 2009 that "the defendant (B) shall pay 12,471,589 won to the plaintiff (the plaintiff in this case)" and the above judgment is the same year.

6. 4. The decision was finalized as is.

B. On February 11, 1993, as to each of the real estate listed in the separate sheet owned by B (hereinafter “the instant real estate”), the registration of the establishment of the establishment of the neighboring real estate mortgage claim of Defendant A and the Defendant C&C Co., Ltd. (hereinafter “T&C”) provisionally attached on April 28, 1997, respectively, on September 7, 2009, and the Defendant Korea Asset Management Corporation (hereinafter “Korea Asset Management Corporation”) attached each of the instant real estate on December 28, 201, respectively.

[Reasons for Recognition] Defendant A, KAWC: Each entry in Gap 2 and 3 evidence (including paper numbers), the purport of the entire argument, defendant Samgup Agricultural Cooperative, and Asset Management Corporation: Confession of confession

2. Assertion and determination

A. As to the instant lawsuit against Defendant C&C’s assertion on the principal safety defense, the Plaintiff sought registration of cancellation of the establishment registration of each of the instant real estate on behalf of the Plaintiff on behalf of the Plaintiff regarding the instant real estate in subrogation of B, Defendant C&C’s assertion that Defendant C&C’s consent was not insolvent, and thus, Defendant C&C’s lawsuit on this case is unlawful.

The creditor may exercise his right against the third obligor in subrogation of the debtor only when the debtor is insolvent, in case where the creditor's right to the debtor to be preserved by subrogation is a monetary claim.

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