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(영문) 광주지방법원 2018.03.30 2017나55823
보증채무금
Text

1. The plaintiff's appeal is dismissed.

2. All appeal costs and supplementary participation costs are borne by the Plaintiff.

purport.

Reasons

1. Basic facts

A. On February 8, 2012, the Plaintiff’s period for reimbursement to the Intervenor joining the Defendant is the same year.

2. On July 17, 200, the Defendant lent KRW 700,000 to the Plaintiff. In addition to the above loans to the Plaintiff, the Defendant’s Intervenor prepared and delivered a monetary loan agreement for consumption of money to the effect that, in addition to the above loans to the Plaintiff, E pays KRW 500,000,000 to the Defendant’s Intervenor, the Defendant paid KRW 1,200,000 to the Defendant’s Intervenor (hereinafter “instant monetary loan agreement”).

B. In order to secure a loan claim amounting to KRW 1,200,000 on the same day, the Plaintiff and the Intervenor’s Intervenor’s Intervenor (the Intervenor’s Intervenor acquired ownership on the same day) agreed to set up a collateral security right with the mortgagee’s Intervenor, the obligor’s Intervenor, the obligor’s Intervenor, and the maximum debt amount of KRW 1,560,00,000 as a collateral security right at KRW 3007m2, G case No. 312m2, H case No. 3129m2, H case No. 1729m2, H case No. 1729m2 (hereinafter “instant land”), and B/Dong building (hereinafter “instant building”) as the joint collateral, and completed the establishment registration of a collateral security right with respect to the said land and building as the registry office of the Gwangju District Court No. 1643 on the same day.

(hereinafter “Creation of the instant mortgage”). C.

On the other hand, in the instant land, the provisional registration of the right to claim transfer of ownership was established for the first priority mortgage (the entire land of this case is the joint collateral) in which the debtor, the mortgagee, and the maximum debt amount are KRW 500,000,000,00, and the third priority mortgage (the joint collateral) and J and K respectively. On the same day, the priority priority mortgage was cancelled due to termination of the contract, and the right to claim transfer of ownership was transferred to the Defendant joining the Defendant.

(hereinafter “instant prior mortgage cancellation and transfer of provisional registration”) D.

The defendant is an employee of the attorney-at-law who was requested to set up the mortgage of this case, cancel the senior mortgage of this case and transfer the provisional registration.

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