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(영문) 서울중앙지방법원 2017.08.10 2016가합34385
청구이의의 소
Text

1. The Defendant’s law firm’s democracy against the Plaintiff was drafted on April 2, 2013, and entered into a monetary loan agreement (No. 435, 2013).

Reasons

1. On March 7, 2013, the Plaintiff entered into a lease agreement with B Co., Ltd. (hereinafter “B”) on the lease of Nos. 301, 401, 501, 502, and 601 of Yongsan-gu Seoul Metropolitan Government (hereinafter “instant building”) and received KRW 300 million from B.

According to Article 7(4) of the above lease agreement, “B, in order to secure the right to claim for the return of the lease deposit against the Plaintiff, takes over the right to collateral security (the mortgagee D and the maximum debt amount 200 million won) of the establishment of a neighboring mortgage (the mortgagee D and the maximum debt amount 200 million won) which was completed on April 9, 2012 by the Yongsan District Court No. 11182, and the right to collateral security (the mortgagee E, the bankrupt corporation E, the defendant, and the maximum debt amount 6.7 billion won) of the mortgage registration completed on the same day by the same registry office, shall be created on the part

In order to secure the claim for the return of the lease deposit under Article 7 (4) of the above lease agreement, the Plaintiff completed the registration of the creation of a pledge (hereinafter “instant pledge”) with the Defendant’s mortgage (Seoul Western District Court’s Busan District Court’s Registry No. 11183, Apr. 9, 2012)’s share as to the instant building under the name of the Seoul Western District Court’s Yongsan District Court’s receipt No. 7307, Mar. 8, 2013.

On April 2, 2013, the Plaintiff drafted a notarial deed of a monetary loan agreement (hereinafter “instant notarial deed”) with the content of borrowing KRW 300 million from the Defendant as of December 31, 2013 (No. 435 of the document signed in 2013, democracy of Law Firm 2013), G, H, and I guaranteed the obligation to refund borrowed money.

On April 24, 2013, the Plaintiff, G, H, I, and E’s bankruptcy trustee of the bankrupt Party E prepared the instant notarial deed for the Defendant who could be damaged in the course of the enforcement of the instant pledge, and the Plaintiff et al. in cases where B collected the claim from the Defendant’s mortgage.

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