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(영문) 서울고등법원 2018.12.11 2017나2050769
근저당권이전등기절차이행등
Text

1. The plaintiff's appeal and the claim extended in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. On July 28, 2005, the Defendant, D, and E contributed to Defendant 550 million won, E 150 million won, and D.50 million won on a total of KRW 1.2 billion on a yearly rate of 48%, overdue interest rate of 66% per annum, and due date of repayment on October 28, 2005.

(B) Of the above loans, KRW 550 million lent by the Defendant (hereinafter referred to as “the First Loan”).

As a company engaging in the bond business or the financial intermediary business, the Plaintiff arranged the lending of the above paragraph (a) to C, and H (representative C), the Plaintiff, and F jointly and severally guaranteed the principal and interest obligation to C due to the lending of the above paragraph (a).

C. In order to secure the present or future obligations against the Defendant and D, the Defendant and D completed the registration of the establishment of a collateral for the debtor C, the Defendant and D, and the maximum debt amount at KRW 1.8 billion under Article 19810 of the Incheon District Court’s receipt of the Incheon District Court’s Reinforcement Registry on July 27, 2005, with the real estate listed in the attached Table 1, which is owned by H or C, as joint collateral.

In addition, on February 20, 2006, the defendant and D completed the registration of creation of a new mortgage for the debtor C, the defendant, the creditor, and the maximum debt amount at KRW 1.8 billion under the Incheon District Court No. 4169, which are the joint collateral of the real estate listed in the H No. 2 attached Table 2 owned by H, as the joint collateral.

(hereinafter the foregoing paragraph (c) plus the foregoing additional collective security (hereinafter “instant collective security”). E

After that, on May 6, 2008, H completed the registration of transfer on the ground of donation with respect to the land listed in attached Table 1(1) and each real estate listed in attached Table 2’s attached Table 2 with respect to U.S., and D completed the registration of transfer on September 24, 2015 with respect to all shares of the instant collateral security to V on the ground of transfer of contract. On December 7, 2016, the Defendant completed the registration of transfer of the right to collateral security based on the transfer of contract with respect to all shares of D among the instant collateral security. On December 7, 2016, the Defendant partially transferred the Defendant’s share of the instant collateral security to E as part of the final claim.

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