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1. The defendant concluded a mortgage contract on February 26, 2009 with respect to the real estate stated in the attached list to the plaintiff.
Reasons
1. Basic facts
A. On February 26, 2009, the Plaintiff entered into a mortgage agreement with the deceased on a separate lawsuit (Seoul District Court 2007Da449315) with respect to the real estate listed in the separate lawsuit (hereinafter “the instant real estate”) in the separate lawsuit (Seoul District Court 2007Gadan49315) in which the Plaintiff was acting as an attorney upon delegation of the deceased as the attorney, to guarantee the payment of KRW 100 million for the successful reward obligation of KRW 100 million, with respect to which the maximum debt amount is KRW 100 million, and the Defendant’s establishment registration of mortgage was to be completed.
B. On March 19, 2015, the Plaintiff filed a lawsuit against the Deceased demanding the performance of the registration of creation of a neighboring mortgage (referred to in this Court 3254; hereinafter “prior action”), and subsequently, the Plaintiff corrected the indication of the party with D, E (the children of the deceased F), G, H, I, and J, who is the deceased’s inheritor or his heir. This court rendered a judgment on October 25, 2016, stating that “the Defendant shall implement the procedure for the registration of establishment of a neighboring mortgage by the debtor with respect to the instant real estate in question to the Plaintiff, with the maximum debt amount of KRW 100,000,000 for the instant real estate as of February 26, 2009, and the said judgment was finalized on December 3, 2016.”
C. However, as the heir of the deceased, the Defendants in this case (the deceased K's children) in addition to the Defendants in the prior suit were added.
【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 9, 11, and 12, the purport of the whole pleadings
2. According to the above facts of determination, the Defendant is obligated to implement the procedure for establishing a mortgage on the instant real estate to the Plaintiff, barring any special circumstance, for the establishment of a mortgage on February 26, 2009, the maximum debt amount of KRW 100,000,000, and the Defendant’s establishment of a mortgage.
As to this, the defendant agreed to pay a contingent honorarium (A) and the document establishing a mortgage (A4-1), and the power of attorney (A4-2) on February 26, 2009 and died of the deceased on March 2, 2009. The above documents are not the body of the deceased, and they are not the body of the deceased.