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1. The Defendant (Counterclaim Plaintiff) has the Jeju District Court regarding each real estate stated in the separate sheet to the Plaintiff (Counterclaim Defendant).
Reasons
1. Basic facts
A. The Plaintiff’s claim against C has a total of KRW 4.6 billion claim against C.
B. C’s claims against the Defendant and C have written an agreement as of August 13, 2015.
According to the contents of the above agreement, the Defendant repaid C the total amount of KRW 7,048,320,00 to C, and specifically paid KRW 1) G commercial buildings to be newly built on the ground D, E, and F in Seopo-si, and KRW 1.5 billion in cash at Seopo-si, Hapo-si, Hapo-si, Hapo-si, Hapo-si, Hapo-si, Hapo-si, and Hapo-si, 1.5 billion in cash at Seopo-si, Hapo-si, Hapo-si, Hapo-si, and Hapo-si, 1.5 billion in cash at Seopo-si, Hapo-si, Hapo-si, and Hapo-si.
C. The instant agreement was written on December 16, 2016, on which the Plaintiff and the Defendant’s seal affixed, and the instant agreement was written. According to the instant agreement, the Defendant is deemed to perform the following obligations on the condition that the Plaintiff waives or transfers the claim KRW 4.6 billion against C, on condition that the Plaintiff waives or transfers the claim against C:
(A) For the payment of KRW 1.5 billion, under the name of the Plaintiff, the registration of creation of a neighboring mortgage of KRW 1.5 billion in the existing C’s maximum debt amount set up in Seopo-si I owned by the Defendant.
(B) To pay KRW 1.5 billion, the establishment registration of a new maximum debt amount of KRW 1.5 billion in the name of the Plaintiff shall be completed on the I.D.
(C) For the payment of KRW 1.6 billion, each real estate (hereinafter “instant real estate”)’s ownership listed in the separate sheet for the market price of KRW 3.2 billion owned by the Defendant is transferred to the Plaintiff.
On December 23, 2016, the Defendant created a right to collateral security and, prior to the creation and transfer of the right to collateral security, set up a right to collateral security of KRW 1.5 billion with the maximum debt amount of KRW 1.5 billion in the Plaintiff’s future, and registered the transfer of the right to collateral security to the Plaintiff on the ground of the instant agreement with C’s maximum debt amount of KRW 1.5 billion established on the said real estate on December 29, 2016.
(e).