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(영문) 인천지방법원 2018.11.27 2017가합1857

근저당권설정등기이전등기절차이행등

Text

1. The plaintiff's lawsuit against the defendant LA or MA shall be dismissed.

2.(a)

Defendant B, C, and D respectively are KRW 22,50,000 from the Plaintiff.

Reasons

1. Basic facts

A. N, which had been operating the N’s borrowing of money and the registration of the establishment of the instant neighboring mortgage (hereinafter “O”), borrowed KRW 1,150,000,000 in total from P, Defendant B, C, and D around June 2004 and around August, and borrowed KRW 1,30,000 on December 1, 2004 and received the remainder after deducting the above KRW 1,150,000,000 and interest thereon, and additionally borrowed KRW 30,000,000 on the same day.

N on December 1, 2004, the above P, Defendant B, C, and D set up a right to collateral security on Q Q and ground buildings in Gangnam-gu Seoul as collateral, and additionally, the establishment of collateral security was completed on each of the first priority mortgage (hereinafter referred to as the “right to collateral security registration of the instant real estate”) of the Incheon District Court with respect to the land for the Sc 7,091 square meters (which was divided into each of the real estate listed in the separate sheet around 2009; hereinafter “instant real estate”) prior to the division owned by Defendant LA (R at that time) (which was not divided into each real estate listed in the separate sheet at around 2009; hereinafter “the instant real estate”). < Amended by Act No. 36399, Dec. 9, 2004; Act No. 36399, Dec. 36, 2004; Act No. 6250, Feb. 3, 2004>

On the other hand, P, after the death of May 22, 2012, succeeded to the P's property rights and obligations of Defendant E, F, G, H, I, J, and K.

B. On September 6, 2005, Defendant L company certified the content of Defendant L company borrowed KRW 816,000,000 on the O’s basis of the land owned by the Defendant L company as security, and issued to theO a certificate of content that “the Defendant L company borrowed KRW 816,00,000 from the O’s line as security.” In detail, whether theO lent the land to the Defendant L company or not, specifically indicating the period of time

C. On January 14, 2009, the Seoul High Court rendered a ruling to recommend reconciliation that "the defendant L company shall pay 1,000,000,000 won to O until April 13, 2009, but if so, the delayed amount shall be paid in addition to the amount calculated at a rate of 20% per annum from the following day to the date of full payment (Seoul High Court 2008Na36956)" (Seoul High Court 2008Na36956). The above ruling became final and conclusive on February 3, 2009.

The defendant who has prepared a protocol of mediation.