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1.With respect to the part of the Plaintiff’s lawsuit against the Defendant D (the transferred amount to KRW 150,000,000).
Reasons
1. Facts of recognition;
A. The Defendant: (a) around August 23, 2014, around 300,000,000 won to Plaintiff A; and (b) around October 13, 2014, KRW 200,000,000 was determined as 5% per month for each interest.
B. On August 23, 2014, Plaintiff B, the wife of Plaintiff A, had completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with respect to the real estate listed in the separate sheet No. 1 owned by Plaintiff B (hereinafter “instant real estate”) on August 21, 2014, in order to secure loan obligations owed by Plaintiff A to the Defendant.
Pursuant to a monetary transaction agreement with A, the establishment of a collateral security right shall be registered with respect to the E site and ground buildings owned by B as the collateral and the water collateral guarantee, the maximum debt amount of which shall be three hundred million won. The period of the collateral security right and the duration of the registration of the establishment shall be six months from the date of registration of the establishment.
Upon the lapse of the above period, B will terminate the registration of creation of a neighboring mortgage at the time the B wishes, regardless of the existence of the claims or obligations with A.
Provided, That if there is an extension agreement between the parties before the expiration of the period, B shall reserve the right to claim termination of the right to collateral security due to the expiration of the period.
C. On August 21, 2014, the Defendant prepared and delivered to Plaintiff B an agreement with the following content (hereinafter “instant agreement”).
On or before September 24, 2014, 00. 15, 00, 00, 3-13-1 on or before November 3, 2014, Gap 3-2, 200, 12, 500, 003-3 on or before February 31, 2015, "12, 500, 003-4 on or before March 31, 200, 00, 00. 12, 50, 00, 00 on or after April 29, 2015, 00 on June 12, 2015, 00 on June 12, 2015, 00 on June 30, 205, 200 on or after 15, 200 on June 30, 2015.