beta
Text
1. Revocation of a judgment of the first instance;
2. All of the Plaintiff’s lawsuits are dismissed.
3. All costs of the lawsuit are assessed against the Plaintiff.
Reasons
1. Basic facts
A. Plaintiff’s loan claim 1) on November 4, 2008, the Plaintiff loaned KRW 20,000,000 to B on November 4, 2009, and the said maturity was extended to November 4, 2014 by November 11, 2014 under the agreement between the Plaintiff and B. B, B, on January 17, 2014, lost the same day’s interest on the said loan, etc. (2) the Plaintiff extended KRW 20,000,000 to B on January 11, 2014.
B did not fully repay the principal and interest of the above loan to the Plaintiff even after the expiration of the above maturity date.
3) As of December 2014, the Plaintiff’s total amount of each of the above loans is KRW 34,549,176 (i.e., principal KRW 29,896,716, and interest KRW 4,652,460). B. The Defendant entered into a mortgage agreement with B on December 12, 2013 with the owner of each of the respective real estate listed in the separate sheet (hereinafter “each of the instant real estate”) as indicated in the separate sheet (i.e., creation of a mortgage between the Defendant and B) on which the Defendant entered into a mortgage agreement with B, who is the owner of each of the instant real estate (hereinafter “each of the instant real estate”). On the same day, the registration of creation of a mortgage, which is the husband of the debtor BD, was completed with the receipt of machinery, such as resident settlement support at Daegu District Court
(2) On the other hand, as of February 10, 2014, the detailed details of registration for restriction on rights relating to each of the instant real estate are as follows. The amount of KRW 53,900,00 (the maximum amount of claims) shall be KRW 200,000,00 for the registration for creation of the right to the type of right on the date of creation, 2013-12-12, the amount of KRW 200,000 for the registration for creation of the right to the right to the right (the maximum amount of claims) shall be KRW 200,12-23,000 for the registration for creation of the right to the right to the right to the right to the right, and KRW 137,50,000 for each of the instant real estate (the maximum amount of claims) shall be KRW 200,000 for the registration for the right to the right to the right, KRW 37,500,000 for the provisional seizure (the maximum amount of claims)