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(영문) 서울북부지방법원 2017.10.20 2017가단14526

배당이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of premise;

A. (i) The building volume of 243 square meters in Gangnam-gu Seoul Metropolitan Government is a site for an aggregate building including subparagraph E (hereinafter “E”) on the ground; among them, the registration of collateral security (hereinafter “registration of collateral security”) was made on December 28, 2009 with respect to F shares.

B. On the other hand, the appellate court (Seoul High Court 201Na11223) brought by the plaintiff et al. against the defendant et al. on January 6, 2012, the following mediation (hereinafter referred to as "special mediation") was established at the appellate court (Seoul High Court 201Na123).

1. The Defendant’s responsibility that the Defendant: (a) required the Plaintiff to implement the procedures for the registration of ownership transfer with respect to the shares in the building site E (hereinafter “instant share” and 23.41 square meters) among the 192.62 square meters of the 243 square meters in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul.

2. With respect to E and the share of the above site to the Defendant, the Plaintiff shall implement the registration procedure for establishing a mortgage with the maximum debt amount of KRW 120,000 (the actual claim amount of KRW 90,000,000) and the Plaintiff and the mortgagee as the Defendant.

3. Paragraphs 1 and 2 are simultaneous performance relationships.

4. The plaintiff shall pay KRW 90,000 to the defendant, and the maturity shall be six months from the date of establishment of the above right to collateral security.

Provided, That no delay damages shall be paid for six months from the date of creation of the right to collateral security, and the delay damages shall be paid at the rate of 6% per annum from six months to the date of full payment.

B. (i) On March 27, 2012, the Plaintiff completed the registration of ownership transfer with respect to the Plaintiff’s instant housing site E and the said housing site share, and subsequently, completed the registration of ownership transfer with respect to each of the instant housing site share, and subsequently, completed the registration of creation of a collateral security for the Defendant, who became the Plaintiff as the Plaintiff, as a result of separate conciliation (hereinafter “mortgage registration”).

on October 18, 2012, the Plaintiff completed the registration of transfer of ownership based on the sale of subparagraph (E), while G completed the registration of transfer of ownership based on sale of subparagraph (E) to H on May 20, 2016.

Fidelity, however, the plaintiff is the defendant.