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(영문) 의정부지방법원 2018.12.12 2017가합1636

근저당권설정등기

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1. The motion for intervention by the Intervenor joining the Defendant is dismissed.

2. The defendant shall list the intervenor succeeding to the plaintiff in annexed Form 1.

Reasons

1. Basic facts

A. A. A loan contract between the Plaintiff and the Defendant and the Defendant as security, etc. 1) The Defendant shall own each real estate listed in the separate sheet No. 1 (hereinafter “each land of this case”).

3) Each of the real estates listed in the separate sheet No. 2 above (hereinafter “instant loan”).

(2) On December 3, 2015, the Plaintiff was granted a loan of KRW 1,400,000,000 from the Plaintiff. As to each of the instant land, the Defendant concluded a security trust contract with the E organization with the first first beneficiary (priority benefit amount: KRW 1,820,00,000), and the Intervenor joining the Defendant, which is deemed below, concluded a security trust contract with the E organization with the second first beneficiary (priority benefit amount: KRW 1,50,000,000) and completed the registration of ownership transfer for the reasons of the said trust contract in the future of the E organization. (2) On December 3, 2015, the Defendant concluded the said security trust contract with the Plaintiff on December 3, 2015, “I, as soon as completion of construction on each of the instant land, promise to immediately provide the Plaintiff with the first first beneficiary security (such as land collateral) and a letter of transfer security.

3) Upon completion of the loan of this case, the Defendant terminated the said collateral trust contract on February 24, 2017, and completed the registration of ownership transfer on the ground of reversion of trust property as to each of the instant land, and thereafter, the Plaintiff’s District Court, Seocheon District Court, Seocheon District Court, Cheongcheon District Court, No. 7035, Feb. 24, 2017, the maximum debt amount of KRW 1,820,000,000 (hereinafter “the registration of creation of mortgage of this case”).

(4) On March 31, 2017, the Defendant entered into a contract between the Plaintiff and the Plaintiff to set up a collateral on the instant loan loan with a view to securing the above loan obligation against the Plaintiff. The Defendant entered into a contract with the Defendant to set up a collateral on the instant loan loan.

On August 3, 2017, the registration of ownership preservation was completed in the future of the defendant according to the entrustment of the registration of provisional disposition on the loan of this case.

B. The plaintiff succeeding intervenor.