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1. The contract to establish a mortgage between the Defendant and C on October 20, 2017 regarding each of the real estates listed in the separate sheet.
Reasons
1. Basic facts
A. From June 2013 to October 10 of the same year, the Plaintiff lent to C a total of KRW 110 million, and C did not repay it until April 30, 2015, the due date.
B. On January 15, 2016, the Plaintiff filed an order for payment with C as 2016j6 with the Daejeon District Court Seosan Branch of the Daejeon District Court, and on June 13, 2016, in the same court case No. 1016 money142, the Plaintiff raised an objection against C, “C shall pay the Plaintiff KRW 110,00,000,000 to the Plaintiff on the two occasions, but the amount shall be KRW 30,00,000 until July 31, 2016, and KRW 80,00,000,000, respectively, until December 31, 2016. If the payment of the above amount is delayed, the Plaintiff shall be paid the remainder in lump sum, and damages for delay shall be paid at the rate of 15% per annum from the day following the loss of due interest to the date of complete payment.”
C. C did not pay to the Plaintiff KRW 35 million out of the above adjusted amount, and did not pay the remainder of KRW 75 million.
Meanwhile, C owned each real estate listed in the separate sheet (hereinafter “each of the instant real estate”). On May 16, 2016, C completed the registration of creation of a neighboring mortgage in the name of the maximum debt amount of KRW 60 million, the debtor C, and the defendant of the right to collateral security (hereinafter “registration of creation of a mortgage”) on the grounds of the relevant contract as of May 16, 2016, and completed the registration of creation of superficies in the name of “the ownership of other buildings and trees, the scope of the ownership of the land, the entire duration of the land, the ownership of the land from May 16, 2016, and the Defendant” (hereinafter “registration of creation of superficies or superficies”).
E. After October 20, 2017, C concluded a contract for the establishment of the same date with respect to each of the instant real property on October 20, 2017, and “the establishment registration of a neighboring mortgage under the name of the debtor C and the defendant as the right to collateral security.”