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(영문) 서울중앙지방법원 2017.12.15 2016가합36497
저당권설정등기절차등 이행청구의 소
Text

1. The Defendant: KRW 75,726,146 for the Plaintiff and KRW 5% per annum from January 6, 2017 to December 15, 2017.

Reasons

Facts of recognition

B, C and D’s provisional disposition (1/3 shares), Defendant C (1/6 shares), and D(1/6 shares) shared E forest land 42,326 square meters and f484 square meters (hereinafter “instant land”) in terms of harmony.

B, C, and D filed an application for provisional disposition prohibiting disposal of shares of 1/3 in the name of the Defendant (hereinafter “instant shares”) among the instant land, on July 23, 2013, with the term “ownership for a specific portion to be acquired by the confirmation of a lawsuit for division of jointly owned property” as the preserved right, and the provisional disposition was issued on August 16, 2013, and the registration of provisional disposition prohibiting disposal was completed on the same day.

In preparing the instant agreement, on January 6, 2014, the Plaintiff, Chang U2C Co., Ltd., and Jeonmmchemical Co., Ltd. (hereinafter collectively referred to as “Plaintiff, etc.”) drafted a written agreement with the Defendant to the effect that “When a provisional disposition taken to complete the instant share is cancelled or the division of common property regarding the instant land is completed, the Defendant would create a right to collateral security with respect to the instant share to the Plaintiff, etc. (hereinafter “instant agreement”).

The contents of the instant agreement are as follows.

A creditor: (1) A creditor: (a) the plaintiff, a 2) the Changbane (main) and 3) the guarantor; (b) the defendant's guarantor; (c) the defendant's guarantor; (c) agree with respect to the commercial transaction obligations of the above 3 (creditor) the defendant; (d) the debtor and the guarantor agree as follows; (e) the debtor and the guarantor shall provide the creditor with the establishment of the right to collateral security within 15 (15) days, at the time of cancellation of the provisional injunction, issued on the instant portion in the name of the guarantor with respect to the right to collateral security,

2) The obligee 2. The obligee set up a collateral security on each obligee’s land in the name of the surety when the obligee reimburses each obligee’s amount of credit of KRW KRW 1,190,000,00 in total amount of KRW 1,190,000,000 in total amount of KRW 1,190,000.

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