(영문) 인천지방법원 2015.12.23 2015가합3453

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(영문) 인천지방법원 2015.12.23 2015가합3453

배당이의

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and D and E’s mother, the mother of the Defendant, are F, 1447.3 square meters (hereinafter “instant land”).

(2) Around June 202, E decided to lend construction costs, etc. to E, which had been under construction on the ground, on the condition that E borrowed KRW 2,300,000,000 from the funds to the Plaintiff and D, the registration of provisional seizure, etc. on the instant land is entirely cancelled, and the Plaintiff and D set up a provisional registration of first priority collective security right, superficies, and right to claim ownership transfer on the instant land. The name of the owner of the building under construction on the instant land is changed to the Plaintiff and D, and the principal, interest (48% per annum), and damages (10% of the principal) are to be paid if the said construction is not performed.

3) On the other hand, D, from August 29, 2003, registered credit business pursuant to Article 3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users. (B) The Plaintiff and D, around June 21, 2002, entered into a mortgage agreement with E on the instant land as collateral for a loan claim under the instant monetary loan agreement with E, whereby D, as regards the instant land, is subject to the establishment of a mortgage agreement with the maximum debt amount, covering KRW 3,750,00,000 as the maximum debt amount. Accordingly, D completed the establishment of a mortgage agreement on the instant land with the following contents.

① On July 2, 2002, the Plaintiff completed the registration of the establishment of a mortgage in the name of G, the Plaintiff and the branch of G, with the maximum debt amount of KRW 1,650,000,000.

On December 28, 2009, the supplementary registration of the transfer of the right to collateral security was completed on December 10, 2009, which was the husband of the plaintiff, with respect to all shares of G out of the above right to collateral security on December 28, 2009.

② D shall not exceed the maximum debt amount of KRW 1,65,00,000 under the name of the Defendant and his branch of D on July 2, 2002.

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