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(영문) 서울북부지방법원 2019.07.12 2018가단12954
저당권설정등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C’s criminal punishment 1) On the grounds of the criminal fact that he/she deceptions the Plaintiff and defrauds the amount equivalent to KRW 250,000,000,000 by deception, C was indicted by the Seoul Central District Court Decision 2016Da2583, Oct. 6, 2016, and was sentenced to one year and six months by imprisonment with labor from the same court on October 6, 2016. (2) As C’s objection thereto, C appealed appealed from the same court as 2016No3963. On January 12, 2017, the same court reversed the judgment of the first instance court and sentenced a decision to be sentenced to eight months by imprisonment with labor on the ground that there are circumstances such as the change of sentencing, such as where the written agreement as set forth in paragraph (1) was prepared, and the said judgment was finalized on January 20, 2017.

(b) Preparation of written agreements and establishment of a right to collateral security;

1. C has completed the registration of creation of a mortgage over the instant real estate in the name of the Defendant with a maximum debt amount of KRW 250,000,000,000, and the debtor C with a view to securing the Plaintiff’s debt for the loan of KRW 250,000.

2. As to the instant real estate, the Plaintiff shall not proceed with the auction procedure to guarantee his residence while his father is alive.

If the relationship with C becomes worse later, an auction may be conducted by the decision of the plaintiff.

3. The Plaintiff shall submit a written application for non-compliance with punishment for C in relation to the fraud case at Seoul Central District Court 2016No3963, and shall delegate the authority to submit it to C.

4. This agreement shall take effect when the registration of creation of a neighboring mortgage is completed.

1) On November 2016, when the appellate trial of the above criminal case was pending, the Plaintiff entered into an agreement with C as follows (hereinafter “instant agreement”).

2) On November 20, 2016, the parties to the agreement signed their respective signatures on each column at the bottom of the agreement. The main contents are as follows. D, the Defendant’s words and the wife of C, issued to the Plaintiff a certificate of personal seal impression, seal imprint, etc., which the Defendant received from the Defendant, and the Plaintiff issued to the Plaintiff.

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