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(영문) 대전지방법원 2015.10.13 2014가단17050
근저당권말소
Text

1. Defendant A is the Daejeon District Court No. 79499, Jul. 10, 1995 with respect to the real estate stated in the attached list to C.

Reasons

1. Claim against the defendant A;

A. On July 7, 1995, Defendant A entered into a mortgage contract with a maximum debt amount of 25,00,000,000 won with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) between D and D, and the debtor D and the creditor A, and completed the registration of the establishment of a collateral on July 10, 1995 as stated in the separate sheet (hereinafter “instant real estate”).

E received the instant real estate from D on October 15, 1996, and acquired ownership by completing the registration of ownership transfer on October 17, 1996.

On February 25, 1995, the Plaintiff acquired on March 31, 2006 the obligation for loans to E by the mutual savings and finance companies (hereinafter “mutual savings and finance companies”).

On June 25, 2007, E succeeded to C’s obligation to receive the transferred money of the deceased E (hereinafter “the deceased”).

Since the right to collateral security (right to collateral security) in the future of Defendant A is null and void by a false conspiracy or has expired ten years after the right to collateral security was established, it should be cancelled.

Therefore, as the subrogation creditor of C, the defendant A is obligated to implement the registration procedure for cancellation of the registration of the establishment of the above neighboring mortgage as requested by the plaintiff.

(b) Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Claim against the defendant B

A. On February 25, 1995, the non-party credit cooperative extended KRW 22,00,000 to the deceased as household funds. On March 31, 2006, the Plaintiff taken over KRW 20,500,000 from the non-party credit cooperative and its interest and delay damages claim, and notified the deceased of the transfer on April 17, 2006.

B) On June 25, 2007, the deceased died, and C, a child of the deceased, succeeded solely to the deceased’s obligation on his/her own (F and G, a son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

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