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(영문) 광주고등법원 2017.07.26 2016나1136

양수금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. Agreement 1 between D and E ) Sicurfet Co., Ltd. (hereinafter “Sicurfet”).

2) The apartment house of this case (hereinafter referred to as “instant apartment”) shall be composed of 130 households in Jung-Eup-si.

(1) As to D, the establishment registration of the first priority collective security right (hereinafter “first priority security right”) against D on June 8, 2007, No. 17574, the maximum debt amount of KRW 2.3 billion (hereinafter “the maximum debt amount”).

B) The registration of creation of a mortgage (hereinafter “instant 2-mortgage”) over the second priority priority of the maximum debt amount of KRW 1 billion under No. 17575, which was received from E on the same day of the same court

1. D and E agree with regard to the instant apartment, which is established on the instant apartment, as follows: (a) it includes KRW 900 million, out of the maximum debt amount of KRW 2.3 billion established on the instant apartment; (b) D and E cooperate jointly with the Plaintiff to recover the foregoing mortgage claim; and (c) they inevitably proceed with the voluntary auction procedure due to the lack of normalization of the instant real estate project, they shall be handled by consultation with D and E. 4. E in relation to the foregoing claim of KRW 900 million, so that E does not incur any problem of liability due to the amount included in F, G and H claims, and due to the default of the payment of the said apartment, E will be settled at the 100 million liability of E; and (d) D and E shall also be apportioned at the rate of KRW 2.9 billion, which is less than the amount of the instant apartment mortgage claim of KRW 900,000,000,000,000,000,000,000.