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1. The defendant received KRW 230 million from the plaintiff, and thereafter the plaintiff is about KRW 36 million, the defendant is about KRW 36,000,000,000 and D.
Reasons
1. On December 16, 2015, the Plaintiff completed the registration of establishment of a collateral security (hereinafter “instant collateral security”) with the maximum debt amount of KRW 300 million, the obligor, and the mortgagee as the Defendant on December 16, 2015, based on the receipt of the Goyang-gu District Court’s Goyang-gu High Court Decision 244761, Jyang-gu, Seoyang-gu, Seoyang-gu, the Plaintiff owned, on the ground of a contract signed by the Defendant on December 16, 2015.
(C) fact that there is no dispute; 2. Sales
A. The plaintiff's assertion that the plaintiff set up the mortgage of this case at E's request from the defendant, which borrowed KRW 300 million from the defendant, but E wired KRW 11 million to the defendant and deposited KRW 100 million to the defendant until now, and issued cashier's checks of KRW 250 million, and thus, the plaintiff's assertion that the secured debt of this case was fully repaid.
(On the other hand, if the secured debt of this case remains, the plaintiff has expressed his intention to repay the debt and to seek cancellation of the mortgage of this case).
Facts of recognition
1) The circumstances leading up to the creation of the instant right to collateral security E are those holding part of G land in Ansan-gu F at Ansan-si, and construction of a new detached house on the ground thereof (hereinafter “instant construction”).
The promotion was carried out.
On October 8, 2015, the Defendant paid KRW 300 million to E as investments in the instant construction, and agreed with E, “E shall pay an amount of KRW 450 million, including investment gains, up to April 15, 2016, equivalent to 10% per month, and shall be calculated and paid as a welfare until repayment is made, and the said investments shall be used only for the instant construction, and the Plaintiff may at any time claim KRW 450,000,000,000 from time to time in the event of violation.”
On October 19, 2015, H, the father of the Plaintiff, entered into a contract with E and the instant construction work, and the Defendant asserted the violation of the agreement and provisionally attached E’s land.