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(영문) 서울중앙지방법원 2018.07.06 2018가합485

청구이의의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s loan claim 1) The Plaintiff’s loan claim against the Defendant and C Co., Ltd. on September 13, 2010 (hereinafter “C”).

(A) On November 9, 2010, the Defendant entered into a contract to lend KRW 300 million to the Defendant at a rate of 3% per month agreed upon (the foregoing claim against KRW 300 million is referred to as “the instant loan claim”).

(2) On the same day, the Defendant and C drafted and delivered to the Plaintiff a promissory note with the face value of KRW 450 million and the due date as of December 31, 2010. 2) To secure the Plaintiff’s loan claim, the Defendant and C completed the registration of the establishment of the Incheon District Court’s registration of the establishment of the collateral security right (hereinafter “mortgage”) with respect to the Plaintiff as of KRW 450 million with respect to the building on the ground of Incheon Nam-gu D (hereinafter “instant building”) No. 7936, Sept. 9, 2010, as to the maximum debt amount of KRW 450,000,000,000,000,000 won, and KRW 330.2 square meters with respect to the debtor’s collateral security (hereinafter “instant land”). As of April 25, 2011, the registration of the Incheon District Court’s registry was completed with the creation of the collateral security right as of KRW 38121,500,000.

B. On April 25, 2011, the Plaintiff entered into a contract for lending KRW 400 million to C around April 25, 201.

(C) In order to secure the Plaintiff’s claim for KRW 400 million, “The instant claim for KRW 400 million” was completed on April 25, 2011 with respect to the instant land and the building of the Incheon District Court, No. 3819, Apr. 25, 201, the registration office of the Incheon District Court, which received KRW 600,000,000,000,000,000,000 won

(hereinafter) Of the above joint collateral security, the right to collateral security established on the instant land is deemed a collateral security and the right to collateral security established on the instant building is deemed a collateral security.

On July 28, 2011, the registration of site ownership for the instant building was completed and the registration of site ownership is transferred to the instant building on the same day.