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1. The plaintiff's main claim that is changed in exchange at the trial is dismissed.
2.The ancillary.
Reasons
1. Facts of recognition;
A. On March 26, 1998, D borrowed KRW 70 million (interest rate of KRW 2%) from Defendant C, and as to each real estate listed in the separate sheet in the name of D (hereinafter “each of the instant real estate”) and Ansan-si E (hereinafter “E”) under the Daegu District Court No. 7355 of the receipt of the inner branch of the Daegu District Court, as to the registration of creation of a mortgage (the maximum amount of claim KRW 70 million) in the future of Defendant C, as to the respective real estate listed in the separate sheet in the name of D (hereinafter “each of the instant real estate”).
(B) The registration of the establishment of a neighboring mortgage on each of the instant real estates was made “the establishment of a mortgage on the instant real estates” and the right derived therefrom is deemed as “the instant mortgage”).
On the day of the completion of the registration of the establishment of the neighboring mortgage of this case, D entered into a mortgage contract (hereinafter “instant additional mortgage contract”) with the Defendant C additionally as follows.
Since each of the instant real estate and E’s land was established as a collateral on March 26, 1998, but the amount was less than 100 million won, the amount set up by mutual agreement shall be corrected again by raising the amount set by 100 million won. The interest on KRW 100 million shall be determined as KRW 140,000 per month and paid by 20,000 per month.
When interest is not paid for three months, all documents regarding the transfer of each of the real estate of this case shall be set to Defendant C.
However, since the period of establishment of the right to collateral security is two years, it is necessary to observe the resolution within the deadline.
10,000 won out of 7,000 won shall be paid to F.
C. D completed the registration of ownership transfer on June 24, 1998 with respect to the real estate and E on June 24, 1998, for the reason of the sale on June 24, 1998, No. 15940, Jun. 24, 1998, which was the birth of Defendant C, for the reason of the purchase and sale on June 16, 1998, D completed the registration of ownership transfer on July 4, 1998 by the same court No. 16919, Jul. 3, 1998, as to the real estate on July 34, 1998, as the same court No. 16919, Jun. 16, 1998.
Each of the instant cases.