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(영문) 서울동부지방법원 2017.02.09 2015가합111219
근저당권말소
Text

1. The defendant (Counterclaim) shall register the defendant's Seoul District Court with respect to each real estate stated in the separate sheet.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. 1) The defendant on March 11, 2005 (the representative E, hereinafter referred to as "D") is a corporation D (the representative E, hereinafter referred to as "D").

(2) The Defendant’s principal claim on D was KRW 350,000,000,000 for interest, KRW 500,000 per month, and KRW 450,000 on March 1, 2007, and loaned KRW 450,000,000 to D. (2) The Defendant decided to convert KRW 100,000 out of the above loan into investment in F Co., Ltd. with whom E is the representative director. (350,000,000 won.)

D on July 13, 2006, paid the full amount of KRW 350 million to the Defendant.

B. 1) On July 14, 2006, the Defendant: (a) each of the real estate listed in the separate sheet owned by G, the father of E (the father) (hereinafter “instant real estate”).

As to the maximum debt amount of KRW 350,000,000,000,000 for the debtor and the mortgagee G, and the creditor and the mortgagee as the defendant, the contract to establish the right to collateral security was concluded, and KRW 350,000,000 on the same day (hereinafter “instant loan”).

(2) The instant loan was transferred in full from the account to D on the same day.

3) As to the instant real estate on July 18, 2006, the right to collateral security (hereinafter “instant right to collateral security”) causing KRW 350 million to the debtor G, the mortgagee, the maximum debt amount, and the maximum debt amount (hereinafter “the instant right to collateral security”).

(4) As to the instant real estate, the registration of creation was completed on July 18, 2006, the registration of creation of a neighboring mortgage (hereinafter “priority collateral security”) which was set by the Jung-gu District Court, Namyang-ju Registry, No. 118146, Nov. 7, 2005, the maximum debt amount of KRW 1.3 billion, the debtor D, and the mortgagee of the right to collateral security (hereinafter “priority collateral security”) was cancelled on July 18, 2006.

C. 1) The Defendant received KRW 10,026,520 from F on July 22, 2006, KRW 30,000,000 from D on July 25, 2006, and KRW 36,232,596 on July 25, 2006, respectively, and KRW 37,232,596 on July 27, 206.2) The Defendant urged the Defendant to pay the instant loan to E, while G demanded the Defendant to pay KRW 30,00,000 on March 12, 2008, and KRW 60,000,000 on September 28, 2010.

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