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(영문) 대구지방법원 2016.04.07 2015가합203633
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) is a company engaged in the business of constructing and selling houses and apartment houses, and D is a person registered as a director of C from June 7, 201 to June 7, 201.

The defendant is a creditor against C who runs a credit business as follows:

B. On September 7, 2007, the Defendant lent money to C and D&C Co., Ltd. (hereinafter “W&C”), and prepared and delivered a notarial deed (No. 3394, a notary public, 2007) with the following contents as follows.

[notarial Deed]

1. C and D&C’s repayment period for KRW 80 million to the Defendant is three months from September 6, 2007.

(A) 2. C and D&C do not raise an objection to the execution of the E apartment mortgage security right made up of the loan security clause to the defendant, if they fail to pay the loan to the defendant by the lapse of the period for repayment.

C. On January 20, 201, the Defendant: (a) obtained a disposition of prohibition on disposal of the registration of the establishment of a neighboring apartment, the right to claim the execution of the registration of the establishment of a mortgage, as the preserved right, on February 1, 2011, with respect to the above apartment, Nos. 101, 103, 505, 606, and 102, and 306; and (b) completed the registration on February 1, 2011, on the ground that the Defendant’s right to claim the execution of the registration of the establishment of a neighboring apartment, as the preserved right.

On August 3, 2011, the Defendant completed the registration of creation of a neighboring mortgage on the instant apartment on August 3, 2011 (hereinafter “instant apartment mortgage”) with the debtor C, the contract concluded on August 2, 201 with the grounds for registration, the mortgagee’s relationship with the defendant’s relative and will (hereinafter “the defendant, etc.”) and thereafter transferred the instant apartment mortgage to other persons.

On April 4, 2012, G 101, G 101, 103, 10320,000 won prior to the right to collateral security (the Defendant’s wife) H (the Defendant’s wife) of KRW 105,200,00 won (the Defendant’s wife) around February 15, 2012, I 101, 606,200,000 won prior to the right to collateral security (the Defendant’s wife).

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