구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On September 8, 2011, the Plaintiff filed a lawsuit against the Defendant’s husband B with the Daejeon District Court 201Da32249, and decided on September 8, 201, that “B shall pay to the Plaintiff 3,365,57 won and 30,858,300 won among them, 15% per annum from January 1, 201 to March 29, 201, and 20% per annum from the next day to the day of full payment.” The above decision became final and conclusive around that time.
B. (1) B changed the legal relationship of the CBB, 502, Dong-dong, Chungcheongnam-dong, Chungcheongnam-do (hereinafter “instant real estate”) (hereinafter “instant real estate”) acquired the ownership of the instant real estate on September 1, 2010.
The former owner D had registered the establishment of a mortgage over the maximum debt amount of 58,50,000 won, which is the right to collateral security, but at the time, the secured debt of the said right to collateral security was KRW 4,50,000.
(2) B and D agreed to pay the balance of the purchase price of the instant real estate in lieu of acquiring the collateral security obligation as stated in paragraph (1). The Daejeon Saemaul Bank also decided B as the eligible person for a new loan of KRW 4.5 million.
As a result, on November 25, 2010, the maximum debt amount of KRW 58,500,000, the debtor B and the mortgagee of the right to collateral security (hereinafter “the right to collateral security”) was registered. On the same day, B received a new loan of KRW 4.5 million from the Daejeon Saemaul Depository.
(3) However, since November 25, 2010, the credit standing of B sharply aggravated, making it difficult to implement a new loan due to the provisions of the Daejeon Saemaul Depository.
The Dong Daejeon Saemaul Bank, the defendant, and B shall loan the loan obligor KRW 45 million to the defendant, but with respect to the real estate of this case for which the registration of establishment of the mortgage of this case has already been made as a security, the defendant shall take over the mortgage contract of this case.