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(영문) 서울중앙지방법원 2018.06.19 2017가단5113504
청구이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The facts below the basis of facts do not conflict between the parties, or may be admitted in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, and 11, and Eul evidence Nos. 1 and 2.

Plaintiff

A, on August 9, 2005, borrowed KRW 100 million from the Defendant, and as security, completed the registration of creation of a mortgage on August 16, 2005 with respect to D Apartment E (hereinafter “instant apartment”) of Seodaemun-gu Seoul, Seodaemun-gu, Seoul (hereinafter “instant apartment”) in which the Plaintiffs, who are the married couple, own shares of 1/2, as well as the obligor, the mortgagee F (the name before the Defendant’s opening of the name), and the maximum debt amount of KRW 100 million.

(hereinafter referred to as “first collateral security”). B.

Plaintiff

A was unable to repay the above loans, and the Defendant filed an application with the Seoul Central District Court 2008Da85171 against the Plaintiffs for the payment order: “The Defendant jointly and severally filed with the Plaintiff for the payment order of KRW 170 million and the amount calculated by the rate of 24% per annum from September 30, 2008 to the date of full payment.” The above court issued the payment order on November 10, 2008.

(hereinafter “instant payment order”). The instant payment order was served on November 14, 2008 on the Plaintiffs and became final and conclusive on the 29th of the same month.

C. On April 8, 2014, with the consent of the defendant, the plaintiff A cancelled the first right to collateral security and completed the registration of creation of a collateral security for the corporation G with the right to collateral security, the plaintiff A borrowed KRW 100 million from the above bank and repaid to the defendant on the same day.

On the other hand, on April 8, 2014, the Plaintiff completed the registration of the establishment of a mortgage over the apartment of this case, G, a corporation with the maximum debt amount of KRW 50 million with the Defendant as the mortgagee, with respect to the establishment of a mortgage over the following

(hereinafter “instant collateral security”). E.

The defendant applied for an auction of the apartment of this case to the Seoul Western District Court (H) with an executory title as to the original copy of the payment order of this case, and the compulsory execution is currently being suspended by the ruling of June 12, 2017 of this court.

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