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1. The Defendant shall accept the registration of the Seoul Western District Court and July 22, 201 with respect to the real estate stated in the attached list to the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 22, 2011, the Plaintiff’s joint and several liability and Nonparty C (the Defendant’s wife) leased KRW 100 million to Nonparty D with interest rate of KRW 2.5% (per month 2.5 million) and due date of payment on January 22, 2012, and the Plaintiff jointly and severally guaranteed the said D’s debt.
[A No. 1. The loan certificate of this case shall be the loan certificate of this case
2) At the time of the above loan, C as the former owner, provided a loan to F, through his father, with the loan to D, and the credit service provider F made the loan certificate of this case with C as “creditor C, obligor D, Plaintiff who is joint and several surety, and the loan amount KRW 100 million.” The loan certificate of this case contains F’s mobile phone number and F’s credit service registration number on the side of the obligee’s name. In addition, with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter the real estate of this case), the Plaintiff completed the registration of establishment of a mortgage on the real estate as indicated in the order with the obligor D.
Afterwards, the debtor has paid monthly interest to F that would be required to pay monthly interest to F, and F has delivered the interest to C.
B. Since the Plaintiff’s repayment of debt and interest were not made, C applied for voluntary auction of real estate on July 2012, 2012, based on the right to collateral security on the instant real estate owned by the Plaintiff.
The Plaintiff, from December 2012 to January 2013, 2013, transferred to F’s account the total amount of KRW 100 million and interest KRW 25 million, and repaid the debt in full. The Plaintiff issued a receipt on which the Plaintiff entered “Registration Creditor C and E” and signed and sealed E’s seal.
C. However, F does not use at will the total amount of the principal and interest of the obligation received from the Plaintiff and deliver it to C.