근저당권말소
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On August 2009, the Defendant, around 19, invested KRW 80 million in the expenses for the installation of the party room, to operate the party room business on the 6th floor of the E-commercial building on the land above 10 parcels, both the Plaintiff’s Dong C and Seosung-si, and the 10th floor above the 10th floor.
The defendant completed business registration in the name of the defendant around September 2009, and directly operated the above billiard for about one year.
B. Around September 2010, the Defendant demanded C to compensate for investment loss in the above party funeral business, and C, without the Plaintiff’s permission, prepared a monetary loan agreement in the name of the Plaintiff stating that C will accept the obligation of KRW 238.5 million that it would pay to the Defendant without the Plaintiff’s permission, and deliver it to the Defendant.
The Defendant stated in the said monetary loan agreement that the Plaintiff would not claim KRW 70 million out of KRW 238.5 million to the Plaintiff.
C. As the Defendant did not receive the money promised by C or the Plaintiff around May 201, the Seoul Southern District Court 201Kadan70497 issued a provisional attachment order with the amount claimed as KRW 238,50,000 for each of the real estates listed in the separate sheet owned by the Plaintiff among the E-commercial buildings (hereinafter “each of the instant real estates”) and KRW 201, 202, 206, 601, 607, 609, 610, 610, 614, 616, and 617.
On August 201, the Defendant filed a lawsuit against the Plaintiff on the claim for the agreed amount of 150 million won (=20 million won - 70 million won - 18 million won - 18 million won), excluding the debt acquisition amount of 238,55 million won as stated in the said monetary loan contract and the debt acquisition amount of 70,000,000 won (Seoul Southern District Court Decision 201Ga1507, Apr. 16, 2012) with the Plaintiff and the Defendant, who attended as the Intervenor on April 16, 2012, concluded the following adjustments:
The following contents of the conciliation protocol are the case.