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Reasons
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(영문) 서울중앙지방법원 2017.05.31 2016가합508961
근저당권말소
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1. The Defendant shall pay KRW 2,557,103,109 from the Plaintiff and KRW 2,485,262,50 from December 9, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On October 6, 2005, the Defendant filed a lawsuit claiming the payment of loans of KRW 2 billion against the Plaintiff, who was under obligation to pay the loans of KRW 2 billion with Suwon District Court Decision 2005Gahap17535 on October 6, 2005.

On January 2, 2006, the Plaintiff and the Defendant agreed to cancel the registration of the establishment of a neighboring apartment (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-dong, Sungcheon-si, Sungcheon-si, 2006 (hereinafter “the instant apartment”) and transfer the said apartment to the Plaintiff on the condition that the forest is sold at least 3 billion won, on condition that the Plaintiff shall pay KRW 1.5 billion to the Defendant. In order to secure this, the Defendant established the right to collateral-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-dong, Sungnam-si, Sungnam-si, the Defendant paid the above KRW 1.5 billion to the Defendant. Accordingly, the Defendant voluntarily withdrawn the loan lawsuit on January 24, 2006 (hereinafter “instant apartment”).

B. On December 11, 2006, the Defendant filed a lawsuit against the Defendant seeking cancellation of the first collateral mortgage (U.S. District Court 2007Gahap1684) on the ground that the first agreement of this case was cancelled due to the Defendant’s cause attributable to the Defendant, pursuant to the first agreement of this case, the Defendant filed a lawsuit seeking cancellation of the first collateral mortgage (U.S. District Court 2007Gahap1684) on January 3, 2006.

1. The plaintiff shall pay 1.5 billion won to the defendant by June 30, 2009.

2. If the Plaintiff did not properly implement the matters described in paragraph 1, the Plaintiff:

A. In addition to the amount paid up to that time to the Defendant (in addition to the amount paid up to that time, the unpaid amount until that time (in X amount which is KRW 150 million)/1.5 billion) and its amount, July 1, 2009.

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