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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is Seoul Southern District Court regarding real estate stated in the separate sheet to the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is the owner of the real estate indicated in the attached Form (hereinafter “instant apartment”), and the Defendant is a company that engages in real estate sales business and credit business.
B. On March 25, 2015, C, the wife of the Plaintiff, using the Plaintiff’s seal imprint, certificate of personal seal impression, and passport copy, prepared a mortgage agreement concerning the instant apartment with the Plaintiff, the obligor, and the maximum debt amount of KRW 300,000 (hereinafter “instant mortgage agreement”) to the Defendant. On the same day, C, the Defendant completed the registration of establishment of a neighboring mortgage as stated in paragraph (1) of the Disposition (hereinafter “instant neighboring mortgage establishment”).
C. On March 26, 2015, C: (a) decided to borrow interest of KRW 150,000,000 per annum and KRW 24% per annum, and (b) 34% per annum; (c) and (d) paid KRW 150,00,000,000 (hereinafter “the instant loan”) in total on two occasions with the passbook of the national bank in the name of the Plaintiff (Account Number D; hereinafter “the instant bank”) issued a copy to the Defendant on March 27, 2015.
C On December 30, 2015, the Defendant was indicted on the charge of forging a private document, uttering of a private investigation document, fraudulent entry in public electronic records, and use of false electronic records, which read that “No authority was delegated by the Plaintiff with respect to the issuance of a certificate of personal seal impression, the establishment of a right to collateral security, and the opening of the instant account, but forged and used a letter of delegation and a new transaction application under the Plaintiff’s name,” and without authority, registered the establishment of a neighboring mortgage on the instant apartment in the instant apartment, which is owned by the Plaintiff, and exercised it by making the Plaintiff enter and keep the false facts on the certificate of partial registration,” and this Court was indicted on March 25, 201.