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(영문) 부산지방법원동부지원 2019.04.04 2018가단4606

청구이의등

Text

1. The defendant's notary public against the plaintiffs is based on D No. 538 of Sep. 9, 2008, No. 538 of 2008.

Reasons

1. Facts of recognition;

A. On June 13, 2008, the Defendant lent KRW 300 million to the Plaintiff B on December 13, 2008, at 24% per annum, 1% per annum, and delay damages. The Plaintiff A (the wife of the Plaintiff B) jointly and severally guaranteed the said obligation.

In addition, the plaintiffs and the defendant prepared the notarial deed of this case (No. 538, Sept. 9, 2008, No. 538, 2008, hereinafter "notarial deed of this case") with the same content as the above.

B. The Plaintiffs set up a collateral security right to secure the above obligation against the Defendant as follows.

1) On June 23, 2008, Plaintiff B created a right to collateral security on E (U.S. building F) and G real estate (hereinafter the same building H) owned by oneself to the Defendant, the Plaintiff A created a right to collateral security on the attached list owned by himself to the Defendant (hereinafter the “instant real estate”) as Busan District Court’s East Branch Branch Branch of the Dongsan Branch of the Busan District Court under Article 31483.

(hereinafter “instant collateral security”). C.

The Defendant, as a mortgagee, received dividends of KRW 123,354,350 on February 29, 2012, and KRW 2,450,726 on April 4, 2012, as a dividend of KRW 125,805,076 on the said debt from the public auction procedure for E and G real estate, and appropriated the total amount of KRW 125,805,076 on the principal and interest.

On April 9, 2018, the Defendant received a compulsory decision to commence the auction on the instant real estate with "174,194,924 won and damages for delay" based on the instant authentic deed, and at the same time, the Busan District Court I was proceeding with the auction procedure.

On the other hand, the above claim amounting to KRW 174,194,924, which the defendant stated, is equivalent to the amount obtained by deducting the total of KRW 125,805,076 from the total of KRW 300,000.

[Ground for Recognition]: Facts without dispute, entry of Gap 1 through 8, 19 evidence (including paper numbers), the purport of the whole pleadings

2. Determination:

A. According to the above facts, according to the defendant's remaining claims based on the above notarial deed, the defendant is against the real estate of this case.