beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On June 12, 2012, the Defendant filed a lawsuit against the Plaintiff seeking the return of KRW 138,00,000 for loans with the Seoul Central District Court 2012Gahap49105. In the instant case, the following adjustments were established on March 20, 2013 between the Plaintiff and the Defendant:
(hereinafter referred to as the following, the protocol of mediation is “instant protocol of mediation”). Article 5(1) of the protocol
1. By December 31, 2013, the Plaintiff (the Plaintiff in this case) performed the procedures for the registration of joint creation of a mortgage against the Defendant (the Defendant in this case; hereinafter the same shall apply) with respect to D forest No. 727 square meters in Gwangju-si, the E-si in Gwangju-si, the F river No. 69 square meters in Gwangju-si, the G-si in Gwangju-si (hereinafter referred to as “each of the instant real estate”), the maximum debt amount of KRW 165,600,000, the debtor and the mortgagee as the Defendant.
2. If the Plaintiff was unable to perform the procedures for registering the establishment of a mortgage by December 31, 2013 due to the Plaintiff’s failure to acquire each of the above real estate, the Plaintiff shall be paid KRW 138,00,000 to the Defendant by January 31, 2014; however, if the Plaintiff fails to pay the said money to the Plaintiff by January 31, 2014, the Plaintiff shall pay the unpaid amount plus damages for delay calculated at the rate of 20% per annum from the day following the due date to the date of full payment.
3. The defendant waives his remaining claims.
4. The costs of lawsuit and the costs of mediation shall be borne by each person;
B. On February 18, 2019, Seoul Central District Court C had a duty to establish a joint collateral security on each of the instant real estate by December 31, 2013 pursuant to paragraph (1) of the instant protocol. Although the Plaintiff acquired the ownership of each of the instant real estate on October 29, 2013, the Plaintiff created a prior collateral security right to H immediately on the day, and on February 6, 2014, did not perform the obligation under paragraph (1).
Therefore, pursuant to Article 2 of the instant protocol, the Plaintiff is either KRW 138,000,000 until January 31, 2014, and the Plaintiff is related thereto.