(영문) 광주지방법원 순천지원 2018.04.10 2017가단73577

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(영문) 광주지방법원 순천지원 2018.04.10 2017가단73577

근저당권말소

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1. The defendant shall render the Gwangju District Court's net support to C (former name: D) as to real estate listed in the separate list.

Reasons

1. Facts of recognition;

A. On November 6, 2006, the Plaintiff paid 37,000,000 won to the Plaintiff by May 6, 2007, in the lawsuit for divorce and consolation money claim against Gwangju District Court 2006Ddan2310 (former name: D) for the Plaintiff on November 6, 2006. In the event that the above amount is not paid by the payment date, the Plaintiff paid 37,00,000 won to the Plaintiff by adding damages for delay at the rate of 12% per annum from May 7, 2007 to the date of full payment.

B. On August 9, 2016, the Plaintiff filed a claim against C.

The claim for the extension of the extinctive prescription period in the case of a port was filed by the same court as the claim for the extension of the same court's claim for consolation money 2016ddan2371, and the above court's mediation was concluded that "C shall pay 35 million won to the plaintiff until October 31, 2017. If the above amount is not paid by the payment date, it shall be paid by adding 15% per annum from the date following the date of payment to the date of full payment."

C. On December 26, 2005, C concluded a contract on December 26, 2005 with respect to the real estate listed in the separate sheet against the Defendant (hereinafter “instant real estate”), each of the grounds for registration is “the establishment of a mortgage right” and “the establishment of a mortgage right of this case” as “the Defendant,” “the maximum amount of the claim is KRW 15,00,000,000,” and “the establishment of a mortgage right of this case” or “the establishment of a mortgage right of this case” as “the establishment of a mortgage right of this case” as “the establishment of a mortgage right of this case”.

(d) complete the proceedings. C is currently insolvent. [The fact that there is no dispute over the grounds for recognition, entry of Gap evidence 1 to 5, and the purport of the whole pleadings.]

2. Determination

A. Whether there exists a secured obligation of the instant mortgage 1) The mortgage is a mortgage created by setting only the maximum amount of the debt to be secured and reserving the determination of the debt in the future (Article 357(1) of the Civil Act and multiple unspecified claims arising from the continuous business relationship.

참조조문

-민법 제357조 제1항

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