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1. On December 30, 2015, the Defendant received the land indicated in the attached Table 1 from the Plaintiff and the Suwon District Court’s Suwon Registry on the land.
Reasons
1. Facts of recognition;
A. On January 4, 2016, the Plaintiff entered into a credit transaction agreement with the Defendant on December 14, 2023 (hereinafter “instant loan”) under the name of the lending limit of KRW 1,719,00,000,000 for the loans for facilities of small and medium enterprises, and granted a total of KRW 1,00,000 to the Defendant from the same date until April 1, 2016.
B. On December 30, 2015, in order to secure the instant loan prior to the instant loan, the Plaintiff entered into a contract with the Defendant on the creation of a mortgage (hereinafter “instant mortgage contract”) on the land listed in the attached Table 1 (hereinafter “instant land”) with the maximum debt amount of KRW 1,560,000,000, and the Defendant’s limited collateral security contract with the Defendant, and completed the registration of the establishment of a neighboring mortgage as of December 30, 2015, as of the Suwon District Court’s registration office, No. 258698 on December 30, 2015.
C. Meanwhile, the Defendant received the instant loan for the purpose of construction of a new building. On January 4, 2016, at the time of the instant loan, the Plaintiff and the Defendant agreed to provide the Plaintiff with the land and buildings constructed or purchased with the instant loan and other facilities located therein as collateral (hereinafter “instant additional mortgage contract”). The instant mortgage contract also concluded that “where there is a building not registered on the instant mortgage land or where the Plaintiff claims for the future construction of a new building according to the need to preserve the claim, the Defendant shall, without delay, make the preservation registration, and at the same time set up an additional mortgage on the said building, the limited collateral for the Defendant and the limited collateral for the Defendant”.
The Defendant newly constructed a building listed in the attached Table 2 (hereinafter “instant building”) on the instant land with the instant loan.
E. On May 22, 2017, the Plaintiff’s right to claim the implementation of the registration of the establishment of additional facilities on the instant building as the preserved right.