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(영문) 서울북부지방법원 2017.05.26 2017가단105163

근저당권말소

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. On December 28, 2009, the registration of collateral security (hereinafter “registration of collateral security”) was made with respect to C’s portion out of the land of the aggregate building, including (i) 302 square meters in Seoul, Gangnam-gu, Seoul, Seoul, and (ii) 243 square meters in size, which is a site of the aggregate building.

In the appellate trial (Seoul High Court 201Na11223) of the third party's lawsuit against the defendant et al. against 302, the mediation (hereinafter referred to as "ad hoc mediation") was concluded on January 6, 2012 as follows.

1. The Defendant shall, on his responsibility, have the Plaintiff implement the procedures for the registration of transfer of ownership with respect to the share of 302 square meters (hereinafter “share of the instant site”) among the share of 243 square meters in the area B 243 square meters in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant share”) on the Plaintiff.

2. The plaintiff shall implement the registration procedure for establishing a mortgage over 302 and the share of the above site to the defendant, 120,000,000 (the actual claim amount of 90,000,000) and the debtor 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) The Plaintiff completed the registration of ownership transfer as to the share of the instant site (=23.41/243) among the share of C, part of which is a part of the share of the Seoul Northern-gu Seoul Metropolitan Government B, Seoul Metropolitan Government B, 243 square meters, as indicated in the mediation performance and the Plaintiff’s loss of share of the instant site.

B. On October 18, 2012, the Plaintiff sold No. 302 to E and completed the registration of transfer of ownership on October 18, 2012.

Fidelity, however, the plaintiff is separate from the defendant.