(영문) 부산지방법원 2017.02.15 2015가합46846

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(영문) 부산지방법원 2017.02.15 2015가합46846

약정금

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1. The Defendants jointly and severally against the Plaintiff KRW 61,768,203 and Defendant B with respect thereto from December 18, 2016.

Reasons

1. Indication of claim;

A. On April 2013, Nonparty D requested the Plaintiff to set up a collateral for the obligation of Cho-sung Co., Ltd., Ltd. (hereinafter “Seo-sung”). Accordingly, on the real estate stated in paragraph (1) of the attached Table owned by the Plaintiff, the Plaintiff registered the establishment of a mortgage on May 16, 2013 with respect to the real estate indicated in paragraph (1) of the attached Table owned by the Plaintiff (hereinafter “instant mortgage establishment registration”) with the Daegu District Court Seo-gu District Court Cho-sung, the maximum debt amount of which was KRW 250,00,00,000, the mortgage holder E” (hereinafter “instant mortgage establishment registration”), and with respect to the real estate listed in paragraph (2) of the attached Table No. 28969 of May 16, 2013, “the obligor Article 300,000,000,0000, and each of the instant mortgage establishment registration was completed by adding it to the “instant No. 1”).

B. At the time of the registration of creation of each of the instant units of the instant units of land, the establishment of a neighboring mortgage (351,000,000 won) was completed in the name of the agricultural village community credit cooperatives established on March 18, 201, under the name of the debtor, the Plaintiff, the maximum debt amount, 351,000,000, and the establishment of a mortgage (the Plaintiff, the maximum debt amount, 195,00,000 won) was completed on November 16, 2012 in the name of the agricultural village cooperative established on November 16, 2012.

C. On May 10, 2013, Defendant B, between the Plaintiff and the Plaintiff on May 10, 2013, concluded that the Plaintiff would complete the registration of establishment of each of the instant neighboring real estate listed in the separate sheet, Defendant B would pay interest on the existing collateral security obligation, which had already been established on each of the said real estate, and that Defendant C also agreed on May 15, 2013 to implement the termination of the registration of establishment of each of the above neighboring real estate.

The plaintiff around September 2013, 2013: (a) required to cancel the registration of establishment of each of the instant neighboring areas to D.

In this regard, it was sought on December 9, 2013.

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