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(영문) 창원지방법원밀양지원 2016.08.23 2016가단10386
근저당권말소
Text

1. The Defendant: (a) received on July 6, 2001, No. 16264 from the Changwon District Court, Changwon District Court (Seoul District Court Decision 200m200) with respect to 149m2 in Yangyang-si.

Reasons

Basic Facts

On July 20, 2001, the Plaintiff entered into a credit guarantee agreement with the Plaintiff on the guarantee amount of KRW 10,000,000 and KRW 2 years and 7 months for the guarantee period, as the Plaintiff’s credit against Nonparty B borrowed farming funds from the NAFFFC (hereinafter “UFFFFF”).

B on July 20, 2001, under the above credit guarantee agreement, borrowed 10,000,000 won from the Nogan Agricultural Cooperative under the above credit guarantee agreement.

B was unable to repay the above loan obligations, and on December 30, 2002, the Plaintiff subrogated for the 11,245,343 won (i.e., the principal interest of KRW 10,000,000,000, KRW 10,030,2730) to the NAFFFF.

As of February 26, 2016, the sum of the Plaintiff’s claim for reimbursement against B is KRW 32,903,027 (i.e., KRW 11,245,343 in subrogation) (i.e., KRW 21,624,31 in total, KRW 10,90 in penalty of KRW 22,328 in total, KRW 71 in penalty of KRW 10,90 in total).

In addition, on October 29, 1998, the Plaintiff received a loan from the NAF from the non-party D, and entered into a credit guarantee agreement of KRW 30,000,000 as the guaranteed amount, and D was jointly and severally and severally guaranteed by NA, and D was loaned KRW 30,000,000 from the NAF on October 29, 1998 under the above credit guarantee agreement.

D due to delay in the repayment of the above loan obligation, the Plaintiff subrogated for KRW 32,752,603 to the NAF on June 28, 2002, and as of July 13, 2016, the Plaintiff’s claim for reimbursement against B was KRW 93,210,421.

B on July 6, 2001, set up a mortgage against the Defendant: (a) concluded a mortgage agreement with the Defendant at KRW 25,000,000 (hereinafter “instant mortgage agreement”) with respect to the land of KRW 149 square meters (hereinafter “instant land”) which is the only property with the Defendant; (b) signed a mortgage agreement with the Changwon District Court (hereinafter “instant mortgage agreement”); and (c) completed the registration of establishment of a mortgage prior to the Changwon District Court (hereinafter “the registration of establishment of a mortgage prior to the instant land”).

Meanwhile, the officially announced land price as of January 1, 2016 is KRW 19,459,400, and is adjacent to the instant land.

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