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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) has jurisdiction over the real estate stated in the separate sheet to the Plaintiff (Counterclaim Defendant).
Reasons
1. Facts of recognition;
A. The Plaintiff owns the real estate indicated in the separate sheet (hereinafter “instant real estate”).
B. On December 8, 2015, the Sungyang District Court rendered a registration of creation of a neighboring mortgage with the Plaintiff, the mortgagee of the right to collateral security, and the maximum debt amount, at C and the maximum debt amount, at KRW 35 million (hereinafter referred to as “advance-mortgage”).
C. On February 4, 2016, the Plaintiff’s wife posted a notice to the effect that “I wish to borrow money as collateral for real estate” on the Kabber’s real estate-related car page. The Defendant sent a Kakakao Stockholm message asking the Defendant on February 4, 2016, asking the Defendant whether E, who conspired with D, could borrow money from the Defendant on the Internet page.
During that process, E was acting as the Plaintiff and sent a photograph to the Defendant by informing the Defendant of the present status of the instant real estate. The Defendant borrowed a total of KRW 80 million from the Defendant, but the Defendant cancelled the prior collateral and set up a collateral on the instant real estate. On February 5, 2016, the Seoul Central District Court registered the Defendant with the registry office of the Seoul Central District Court on February 5, 2016.
D) On February 5, 2016, the Plaintiff was issued a certified copy of the Plaintiff’s resident registration and a certificate of the personal seal impression by using the Plaintiff’s seal imprint, registration right, and resident registration certificate, which was kept in his/her house.
On the other hand, E called the Defendant to the effect that “I ambied with the necessary documents instead of D” by phoneing to the Defendant.
Therefore, the registration of the Seoul Central District Court in the Seoul Central District Court in D, the preceding mortgagee C, the defendant, and the defendant were living together with the certified judicial scrivener.
D The plaintiff's right to registration, resident registration certificate, certified copy of resident registration, and certificate of personal seal impression presented to the defendant, and the repayment date of KRW 80 million from the defendant shall be February 5, 2017; and the interest rate shall be 34.9% per annum in the monetary loan certificate column.