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1. The Defendant received on August 27, 2013 from the Cheongju District Court as to each real estate listed in the separate sheet from the Plaintiff.
Reasons
1. Basic facts
A. On August 26, 2013, the Plaintiff completed the registration of the establishment of a mortgage (hereinafter “registration of the establishment of a mortgage on the instant real estate”) around the order that the maximum debt amount shall be KRW 200,000,000,000 from the Defendant as of December 26, 2013, in order to secure the obligation of the said loan (hereinafter “the instant loan”). In order to secure the obligation of the said loan, the Plaintiff completed the registration of the establishment of a mortgage on each real estate listed in the separate sheet (hereinafter “the instant real estate”).
B. On December 26, 2013, the Plaintiff agreed with the Defendant to extend the repayment period of the instant loan to June 26, 2014, but to pay interest on the loan at the rate of 24% per annum (monthly 4,000,000).
C. Upon the Defendant’s application, the auction procedure started to B at the Cheongju District Court B on September 24, 2014, the Plaintiff deposited KRW 229,068,136,136, including KRW 220,00,000, interest rate of KRW 22,630,136, and execution cost of KRW 6,438,00,00, as the Cheongju District Court No. 2015, Jan. 15, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 4, Eul evidence 1, the purport of the whole pleadings
2. Summary of the parties' arguments;
A. The gist of the Plaintiff’s assertion is a specific collateral security to secure only the loan of this case. Since the loan of this case was extinguished by the Plaintiff’s deposit for full repayment of principal and interest, the Defendant is liable to implement the registration procedure for cancellation of the registration of establishment of the establishment of the creation of the neighboring mortgage of this case.
B. The gist of the Defendant’s assertion is the instant collateral security to secure not only the instant loan but also all the obligations owed by the Plaintiff against the Defendant. The Plaintiff jointly and severally guaranteed the freight amounting to KRW 149,147,740, which is to be paid by D, the representative of C, to the Defendant. The instant collateral security is the foregoing.