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(영문) 대전지방법원 2020.05.07 2019가합108255
근저당권설정등기절차이행 청구
Text

1. On December 3, 2018, the Defendant made an agreement on the creation of additional mortgage regarding the real estate stated in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 25, 2018, the Defendant entered into a contract for construction works with Da-gun Co., Ltd. (hereinafter “D”) in order to undertake multi-household housing (hereinafter “instant building”) as indicated in the attached Form, such as multi-household housing (hereinafter “instant building”) (hereinafter “instant construction”).

On October 31, 2018, the Defendant agreed on October 31, 2018 to complete the registration of creation of a mortgage over the instant land as a collateral for the debt of the borrowed amount of the Plaintiff. Under the agreement, the Daejeon District Court rendered on November 5, 2018, the registration of creation of a mortgage over the instant land as the maximum debt amount of KRW 780,000,000, the creditor, and the debtor’s debtor (hereinafter “registration of creation of a mortgage over the instant land”) was completed as of November 5, 2018.

B. On December 3, 2018, upon completion of the instant building, the Defendant agreed to complete the registration of creation of the first priority place of the building, which consists of KRW 780,000,000,000, in addition to the registration of creation of the neighboring building of the instant case, and agreed to the same content on January 10, 2019.

C. Pursuant to each of the above agreements, the Plaintiff paid KRW 467,00,000 to the Defendant on August 23, 2018; KRW 99,000,000 on January 14, 2019; KRW 66,000 on February 14, 2019; KRW 66,000,000 on March 14, 2019; and KRW 66,000,00 on April 66, 200,00 on April 8, 2019; and KRW 467,00,000,000.

On September 18, 2019, the registration of preservation of ownership in the name of the defendant was completed ex officio pursuant to the decision of provisional disposition of prohibition on disposal of real estate as the creditor E of the Daejeon District Court on September 18, 2019 and the right to collateral registration of the establishment of a neighboring mortgage of the right to be preserved.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 6, 7 through 10, 13, the purport of the whole pleadings

2. Determination

A. The defendant borrowed the construction price of this case from the plaintiff and secured the land and the building of this case.

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