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(영문) 수원지방법원평택지원 2017.06.01 2017가합8144
근저당권설정등기 청구의 소
Text

1. The defendant is the Suwon District Court with respect to each real estate stated in the attached list 1 through 8 to the plaintiff.

Reasons

1. Indication of claim;

A. On October 22, 2015, the Defendant entered into a credit transaction agreement with the Plaintiff for the purpose of raising funds for the construction of each real estate listed in Articles 9 and 10 of the [Attachment List (hereinafter “instant building”) and borrowed KRW 314,00,000 from the Plaintiff.

B. In order to secure the above loan obligations, the Defendant created a joint collateral security of the maximum debt amount of KRW 420,00,000 on October 22, 2015, which was received on October 22, 2015, with respect to each real estate listed in the separate sheet Nos. 1 through (8) in the Suwon District Court.

C. At the time of the credit transaction agreement between the Plaintiff and the Plaintiff, the Defendant provided a building constructed using the loan through the instant credit transaction agreement as collateral, unless there is a separate expression of intent between the Plaintiff and the Plaintiff.

The Defendant completed the construction of the instant building with the funds borrowed through the instant credit transaction agreement, and on January 2, 2017, the registration of ownership preservation on the instant building was completed, but the Plaintiff did not implement the registration procedure for the establishment of a neighboring mortgage on the instant building.

E. Therefore, the Defendant should implement the registration procedure for establishing a mortgage on the instant building in addition to the existing collateral security in addition to the existing collateral security.

2. Article 208 (3) 1 of the Civil Procedure Act and the main sentence of Article 257 (1) of the same Act:

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