근저당권말소
1. The Defendant-Counterclaim Plaintiff’s KRW 467,205,779 from the Plaintiff-Counterclaim Defendant and KRW 352,479,998 from the said money. < Amended by Presidential Decree No. 22490, Nov. 1, 2010>
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff’s representative director C is the Defendant’s extra-class register, D and E (B) are the Defendant’s parents, and F and H (C G) are the first, third who is the Defendant’s parents.
B. On November 10, 2008, the Plaintiff, C, etc.: (a) between the Defendant, D, and E, “debtor (Plaintiff, C, etc.)” (the Defendant, D, and E) prepared a written confirmation of the existence of obligation stating the content of the obligation as of November 10, 2008; and (b) the Defendant, D, and E affixed their seals on the said written confirmation, respectively, with the exception of KRW 1,100,000,000,000, which are secured by Janju-si, Nam-si as well as KRW 44,960 square meters of K forest (hereinafter “N real estate”).
C. On November 10, 2008, the Plaintiff entered into a lease agreement with the Defendant on the following terms: (a) the Plaintiff entered into a lease agreement (No. 2; hereinafter referred to as the “instant lease agreement”) with the Defendant on the lease of 49 square meters of forest land in Jeonnam-gun, Jeonnam-gun, the Defendant-owned.
The purpose of use: From October 2008 to the end of the project, the rent and payment method: From October 2008, the rent and payment method: From March 31, 2009 to March 25, 2009.
D. In addition, as of April 9, 2009, the loan certificate between the Plaintiff and the Defendant stating that the Plaintiff borrowed KRW 350,000,000 from the Defendant at 12% per annum (payment on the 25th day of each month) and the due date for payment on December 31, 2010 (hereinafter “the first loan certificate of this case”) was prepared, and the Plaintiff’s certificate of personal seal was attached thereto. On April 13, 2009, the mortgage contract was prepared with the purport that the Plaintiff created the right to collateral (hereinafter “the document of collateral security contract of this case”) with a view to securing all obligations that the Plaintiff, the Plaintiff, and the mortgagee were, or will be, liable for payment in the future. ③ On September 26, 2009, the Plaintiff paid KRW 300,000 from the Defendant to the Plaintiff at 10,000 per annum on December 31, 2015 (payment on December 31, 2009).