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(영문) 서울중앙지방법원 2017.05.31 2016가단5245251
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 21,00,000 and the interest rate of KRW 15% per annum from September 24, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. With respect to the establishment and cancellation of the right to collateral security (hereinafter “instant real estate”), the real estate registration was completed in sequence as follows with respect to the sound C Apartment 301 (hereinafter “instant real estate”).

① With respect to the instant real estate owned by D Co., Ltd., the registration of establishment of a collateral security (the maximum amount of KRW 100 million, the debtor E) under the name of the Defendant was completed as of July 2, 2013 under the Cheongju District Court Sound Registry No. 20091,

B. (1) However, at the time of the registration of cancellation of the right to collateral security stated in the above paragraph (4) was made voluntarily by forging relevant documents without the Defendant’s consent (No. 3, Seoul Central District Court Decision 2014Da9295 Decided May 29, 2015). (2) The Defendant filed a lawsuit against D on November 29, 2013 against the Seoul Central District Court Decision 2013Ga31681 (No. 31681), and was sentenced to a favorable judgment on November 26, 2014 (Evidence 4), and D was dissatisfied with the above judgment and filed a petition of appeal on December 16, 2014, and the said judgment became final and conclusive as is, by submitting a written withdrawal of appeal on December 18, 2014.

(A) On the other hand, the defendant cannot recover the registration of establishment of a neighboring mortgage only with the above favorable judgment rendered against D. Thus, on January 8, 2015, the defendant filed a lawsuit seeking consent to the procedure for registration of the recovery of collateral security against the defendant against F, the mortgagee of the right to collateral security, and the person holding the right to collateral security against the defendant (Seoul Central District Court 2015Gahap941 and September 24, 2015).

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