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(영문) 의정부지방법원 2017.07.05 2016가합54244
근저당권설정등기말소등기절차이행
Text

1. The defendant received KRW 1,475,097,732 from the plaintiff and then stated in the separate sheet 14 through 30 in the plaintiff.

Reasons

1. Basic facts

A. On July 3, 2006, the Plaintiff took out a loan of KRW 1.1 billion from the Defendant as of July 5, 2007, and entered into a mortgage agreement with the Defendant on the part of the Defendant regarding the obligor, the maximum debt amount of KRW 1.43 billion with respect to each of the instant lands, etc. on the same day, and completed the registration of the creation of the mortgage agreement under the name of the Defendant (hereinafter referred to as the “mortgage”) with respect to each of the instant lands under the name of the Defendant, under Article 80212, as of the receipt of the Namyang-gu District Court’s receipt of the Namyang District Court’s receipt of each of the instant lands.

B. On June 25, 2007, the Plaintiff repaid the existing loan from the Defendant in exchange, and entered into a contract on the change of the maximum amount of the right to collateral security claim of this case with the Defendant to increase the maximum amount of debt of 2.1 billion won on June 29, 2007, June 29, 2008, and June 29, 2008, with the interest rate of 6.8% per annum, and delayed delay interest rate of 6.9% according to the period of delinquency, and with the Defendant’s payment of interest at the time of change in the interest rate of the loan (hereinafter “the loan of this case”), and received new loans by setting forth the maximum amount of the right to collateral security claim of this case to secure the loan of this case with the Defendant at the rate of 2.730 million won on June 27, 2007, the registration of change was completed with the receipt of No. 74870 on June 28, 2007.

C. Meanwhile, the Plaintiff and C et al. requested the Defendant to grant consent to the construction of the building on each of the instant land. Around January 2007, the Defendant entered into an additional mortgage agreement between the Plaintiff and C, around April 2007, between D and E, around December 2007, between E and F, around May 2008 (hereinafter referred to as “the Plaintiff and C, D, E, F, and G”) and the Plaintiff, etc. at the same time as the completion of each newly constructed building on each of the instant land and at the same time set up a mortgage on each of the instant land.

The defendant shall make D and E on May 3, 201.

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