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(영문) 인천지방법원 2017.05.30 2017가합50996
근저당설정등기절차이행
Text

1. The Defendant concluded a mortgage contract on November 22, 2013 with respect to each real estate listed in the separate sheet No. 2 list to the Plaintiff.

Reasons

1. Indication of claim;

A. On November 13, 2013, the Plaintiff received the Defendant’s loan application from B on behalf of the Defendant, and on November 18, 2013, leased KRW 1,000,000,000 to the Defendant on the same day (the repayment date, November 18, 2018, interest rate of KRW 4.51 per cent) on each real estate listed in the separate sheet No. 1, which is real estate owned by the Defendant, as indicated in the separate sheet No. 1, which is real estate owned by the Defendant.

B. On November 22, 2013, the Defendant requested the Plaintiff to approve the use of land so that the building can be newly constructed on each real estate listed in the separate sheet No. 1, and the Plaintiff agreed with the Defendant to set up a first priority mortgage on the Plaintiff’s maximum debt amount of KRW 1300,000,000 with respect to the Plaintiff within seven days after the preservation registration of new building is registered.

C. B, on May 22, 2015, obtained the provisional attachment order of KRW 870,00,000 as to a building newly built as shown in the separate sheet No. 2 (hereinafter “instant building”) with regard to each real estate listed in the separate sheet No. 1 as its site, as indicated in the separate sheet No. 2, and upon the entrustment of entry into the provisional attachment order, the preservation registration in the name of the Defendant was completed as to the instant building on May 27, 2015.

Therefore, on November 22, 2013, the Defendant ought to implement the procedure for establishing a mortgage on the instant building, with respect to the Plaintiff, KRW 1,300,000,000, and the procedure for establishing a mortgage on the part of the Defendant.

2. Judgment without any applicable provisions of Acts (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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