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(영문) 부산지방법원 2018.07.04 2017가합2284
근저당권말소등기절차이행
Text

1. The defendant shall pay 13,397,260 won from the plaintiff A and 15% per annum from November 11, 2017 to the date of complete payment.

Reasons

Facts of recognition

A. The original trade name of Plaintiff A and the management agent start-up development corporation was “K tower,” and was changed to the current trade name on August 23, 2016.

The development of guardian start-up business.

On March 17, 2016, the Defendant agreed with the following contents:

(hereinafter referred to as “instant agreement”). Agreed: 30,000,000 won

1. The plaintiff A and the guardian start-up development shall pay the above agreed amount to the defendant.

2. The defendant waives all the rights with respect to the "E New Construction Work" newly constructed in Busan-gun D and does not perform any act of interference in the future.

3. However, the agreed amount shall be set at the second order of the registration of creation of a mortgage over the maximum debt amount of KRW 30,000,000 as joint collateral of KRW 230,000,000, the land owned by the Plaintiff and the Plaintiff-owned Busan-gun, and KRW 300,000,000 until March 30, 2016, and the agreed amount shall be paid KRW 300,00,000 until March 17, 2017.

B. In accordance with the instant agreement on March 18, 2016, the Defendant completed the registration of the establishment of a neighboring mortgage against the obligor A and the mortgagee A and the mortgagee as the maximum debt amount, under the Act No. 25296, Mar. 18, 2016, the registration of the establishment of a mortgage regarding the real estate indicated in the attached list, as the Busan District Court’s Dong Branch, and the registration of the establishment of a mortgage

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”).

Plaintiff

A repaid 30,000,000 won to the Defendant on March 30, 2016.

On April 17, 2017, the Defendant filed an application for the auction of real estate proceeds (J branch court of the Busan District Court’s Dong Branch branch court) in accordance with the instant right to collateral security. The phrase “the indication of the claim claim” in the aforementioned application is indicated as “the claimed amount:30 million won, the agreed amount on March 17, 2016, the principal amount of KRW 300,000,000, and the interest at the rate of 5% per annum from April 17, 2017 to the date of full payment.”

E. On April 20, 2017, the Defendant applied for a payment order against Plaintiff A and a guardian start-up development. Busan District Court (2017 tea 3442) on May 4, 2017, “Plaintiff A and guardian start-up development” jointly and severally applied for KRW 300,000,000 to the Defendant.

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