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(영문) 광주지방법원 2018.09.12 2018가단500268

근저당권말소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 19, 2008, the Plaintiff paid KRW 150 million to the Defendant on September 19, 2008 in the case of this court’s claim against the Plaintiff and E, including the Plaintiff’s 2007Gahap2314, but each year from September 19, 2009 to September 19, 2013.

9. Each of the 19.19. 30 million won shall be paid in installments, each of the above payment dates shall lose the benefit of time if any delay occurs, and a conciliation was concluded to pay the unpaid amount in addition to 20% interest per annum from the following day to the date of full payment.

B. While the Plaintiff delayed the payment of money pursuant to the above protocol, the defect in the application for compulsory auction against the Defendant for the Gwangju Mine D (hereinafter “instant apartment”) owned by the Defendant, the Plaintiff and the Defendant determined the Plaintiff’s obligation to the Defendant under the above protocol as KRW 150 million, and the Plaintiff immediately repay the obligation to the Defendant, and the remaining KRW 120 million was paid to the Defendant by December 31, 2013, the amount of KRW 25 million was the principal and interest for delay up to June 30, 2014, KRW 15 million, KRW 15 million until December 31, 2014, KRW 15 million until December 30, 2014, KRW 15 million until June 30, 2014, KRW 2016, KRW 3000,0000,000,0000 for each of the above contracts, and KRW 301,616,200,000,00.

C. According to the above agreement, the Plaintiff completed the registration of establishment of the neighboring apartment as the Gwangju District Court No. 22353 on November 8, 2013 with respect to the instant apartment as to the Defendant. D.

On August 4, 2015, Busan District Court Branch Decision 2015TY 13253 decided August 4, 2015: (a) seized the Defendant’s claim against the Defendant’s Plaintiff in arrears at KRW 911,387,230; and (b) F against the Defendant in Incheon District Court Decision 2015TY 13253.