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(영문) 서울중앙지방법원 2019.07.23 2018나57591
청구이의
Text

1. Revocation of the first instance judgment.

2.(a)

The Seoul Central District Court against the Plaintiff (Counterclaim Defendant) of the Defendant-Counterclaim Plaintiff.

Reasons

1. Facts of recognition;

A. On June 22, 2015, the Plaintiff loaned KRW 50 million from the Defendant to the Defendant, and completed the registration of the right to claim ownership transfer for the purpose of securing the said loan with respect to the instant real estate.

(hereinafter “Provisional Registration of this case”). (b)

On October 12, 2016, the Defendant filed a lawsuit against the Plaintiff seeking the payment of the above loan, and the Plaintiff rendered a favorable judgment with respect to the Plaintiff’s KRW 49,980,846 and the amount calculated at the rate of 24% per annum from November 5, 2016 to November 23, 2016, and 34% per annum from the next day to the date of full payment, which became final and conclusive around that time.

(Seoul Central District Court 2016dan5122006, hereinafter referred to as "the judgment of this case"). (c)

On October 17, 2016, the Defendant notified the Plaintiff of the exercise of the security right to the instant real estate as shown in attached Form 2 by content-certified mail pursuant to Article 3 of the Provisional Registration Security Act (hereinafter “Provisional Registration Security Act”).

As of December 28, 2016, the details of the registration of the establishment of a neighboring mortgage and the registration of the seizure, which was completed on the instant real estate as of December 28, 2016, are as follows. The secured debt of the establishment of a neighboring mortgage on November 13, 2007 was fully repaid on June 23, 2015.

On November 13, 2007, 22,100 won of the maximum debt amount of the right to collateral security C, June 22, 2015, Defendant C, the provisional registration of the right to claim the transfer of ownership on June 22, 2015, Defendant 14, July 18, 2016, 2015, the registration office of attachment (Ssung Nam-gu Office), revised on July 18, 2016, 2016, the Si of Gwangju Special Metropolitan City on November 28, 2016, 2016.

E. On February 7, 2017, the Plaintiff completed the principal registration based on the provisional registration of this case, which was made on December 28, 2016 with respect to the instant real estate on the ground of sale and purchase (transaction value of KRW 72 million), and each registration of seizure as of July 18, 2016 and December 7, 2016 was revoked ex officio on March 7, 2017, and the registration of seizure as of December 14, 2015 was revoked due to cancellation on February 20, 2017.

F. However, the head of the Gyeonggi-do Tax Office dated November 28, 2016.

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