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(영문) 서울고등법원 2017.11.17 2017나2031089
근저당권말소
Text

1.The judgment of the first instance shall be modified as follows:

The defendant's KRW 1,640,915,982 from the plaintiff and its related amounts shall be decided on March 2016.

Reasons

1. Basic facts

A. The plaintiff and the defendant are South Korea.

Since 2006, there has been three agreements between the plaintiff and the defendant in lieu of conciliation and the preparation of notarial deeds have been agreed five times.

The agreement was reached in order of the first agreement on January 2, 2006, the decision in lieu of conciliation on December 31, 2007, the second agreement on June 23, 2009, the third agreement on December 15, 2011, and the preparation of authentic deeds on November 5, 2012.

The real estate related to the agreement is the 49,686 square meters of land C in Echeon-si owned by the Plaintiff (hereinafter “1-1 real estate”), the 1,150 square meters of forest land in Jongno-gu Seoul Jongno-gu (hereinafter “2 real estate”), the Haro-gu Seoul, Jongno-gu, and five lots and buildings (hereinafter “third real estate”), including 463 square meters in land and five lots and buildings (hereinafter “third real estate”), and the 501 square meters (hereinafter “1-2 real estate”).

This case seeks to cancel the registration of the establishment of a neighboring mortgage established by the defendant on the first-1 real estate as the repayment of the principal and interest remaining on the ground that the plaintiff partly repaid the principal and interest by the third agreement.

B. On January 2, 2006, the first agreement between the Plaintiff and the Defendant was concluded on January 2, 2006 among the Suwon District Court 2005Gahap17535 case where the Defendant claimed payment of KRW 2 billion against the Plaintiff.

The main contents of the agreement shall be as follows: (i) On the condition that the real estate No. 1-1 is sold in excess of three billion won, the Plaintiff shall pay KRW 1.5 billion to the Defendant; (ii) The Defendant shall receive KRW 1.5 billion and cancel the right to collateral security (the debtor I, the NAFFFF, the maximum debt amount, 182,00,000,000) of the real estate No. 1-2, and transfer ownership to the Plaintiff. (iii) The Plaintiff sets up a collateral security of KRW 1.5 billion with the maximum debt amount of the real estate No. 1-1,50,000 to the Defendant; and

C. On January 3, 2006, the Plaintiff, as to the implementation of the first agreement, set up a right to collateral security of KRW 1.5 billion to the Defendant on January 3, 2006.

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