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1. The contract to establish a right to collateral security concluded on February 12, 2014 between the Defendant and C regarding the real estate stated in the separate sheet No. 1.
Reasons
1. Facts of recognition;
A. On December 9, 2006, the Plaintiff drafted a loan certificate (hereinafter “the loan certificate of this case”) that lends money at the interest rate of KRW 30 million with interest rate of KRW 12% per annum with interest rate of KRW C and the principal.
B. On March 22, 2010, the Plaintiff appeared in the capacity of a notary public as an agent of C, a debtor, at law firm and as an obligee. On March 22, 2010, the Plaintiff: “C approves on March 22, 2010 that the Plaintiff is liable for payment of KRW 30 million under a monetary loan contract for consumption on December 9, 2006; the rate of interest rate and delay interest rate shall be 12% per annum; the due date shall be determined on December 31, 2020; and each C shall, upon receiving compulsory execution and provisional seizure from a third party, lose the benefit of time; and immediately repay the remainder in full; and if C fails to perform its monetary obligation under this contract, it was commissioned to prepare a notarial deed stating that there is no objection even if compulsory execution was conducted; and on the same day, the said deed was drawn up as a notarial deed for debt repayment (a quasi-notarial deed) by Law Firm No. 417, 2010.
C. On February 12, 2014, C concluded a mortgage agreement with the Defendant, which is the only real estate as indicated in the separate sheet No. 1 (hereinafter “instant real estate”) with respect to the real estate (hereinafter “instant real estate”) as indicated in the separate sheet No. 20 million won with the maximum debt amount, C, the debtor, and the Defendant of the right to collateral security (hereinafter “instant mortgage agreement”). On February 12, 2014, C concluded a mortgage agreement with the real estate branch of the real estate district court on February 12, 2014 (hereinafter “mortgage creation registration”).
C At the time of concluding the instant mortgage contract with the Defendant, it is in excess of the obligation without any specific property as of the date of closing argument.
E. Meanwhile, C is subject to compulsory execution based on the instant notarial deed against the Plaintiff.