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(영문) 광주지방법원해남지원 2019.01.15 2018가단2209
근저당권설정등기 말소등기
Text

1. As to the portion of 1/4 of the 10,711 square meter out of the 10,711 square meter of the entire Dondo-gun, the defendant shall make a full registration office of the Gwangju District Court.

Reasons

1. Basic facts

A. C on April 22, 2004, borrowed KRW 30 million from E Cooperatives (this was established on December 19, 2005 with F Cooperatives and G Cooperatives, and H Cooperatives were merged with I Cooperatives on December 28, 2007) under the Plaintiff’s credit guarantee, and did not complete payment.

B. Accordingly, on March 31, 2008, the Plaintiff subrogated for KRW 34,378,177 to the above lending financial institution for the following year:

4. 22. 22. The Gwangju District Court rendered a motion against C for a payment order demanding payment of the amount of reimbursement under the 2008Guj740, the District Court of Full Military Branch of the Gwangju District Court, and the above court had the same

4. 24. 24. The C had ordered the Plaintiff to pay 34,378,177 won and the amount of 15% per annum from March 31, 2008 to the service date of the original copy of this payment order, and 20% per annum from the next day to the day of complete payment. The above payment order was served to C on May 20, 208.

C. C completed the registration of establishment of a neighboring mortgage (hereinafter “instant collateral security”) under the Defendant’s name on October 205, 2005, No. 10504, Oct. 21, 2005, as to the portion of 1/4 out of 10,711 square meters of land in Dondo-gun, Jeonnam-do-gun, Jeonnam-do-gun, his own ownership, for the establishment of a new mortgage (hereinafter “instant mortgage”).

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The judgment of the court below is a mortgage which establishes only the maximum amount of the debt to be secured and reserving the determination of the debt in the future. Since multiple unspecified claims arising from continuous business relations are established for the purpose of securing a certain limit in a settlement term in the future, there must be a legal act establishing the secured claim of the right to collateral separately from the act of establishing the right to collateral, and the burden of proof as to whether there was a legal act establishing the secured claim of the right to collateral at the time of the establishment of the right to collateral

Supreme Court Decision 209No. 24.12

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