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1. Defendant B shall pay to the Plaintiff KRW 9,163,965 and a rate of KRW 20% per annum from October 3, 2014 to the date of full payment.
Reasons
1. Basic facts
A. (1) The Plaintiff is the wife of Defendant B, and the Plaintiff owned the building of the 1st basement and the 6th floor D Education Center on the ground located in Busan Seo-gu (hereinafter “instant building”).
(2) Defendant B is the representative of Defendant C religious organization Diplomatic Association (hereinafter “Defendant church”) and leased the 6th floor of the instant building from the Plaintiff in KRW 317,00,000, and paid the said deposit to the Plaintiff.
Meanwhile, Defendant B had a loan claim of KRW 210,000,000 against the Plaintiff.
B. On August 10, 2001, the Plaintiff completed the registration of establishment of a neighboring mortgage of KRW 1,960,000 on the instant building with respect to the instant building, on June 14, 2002, when the Plaintiff obtained a loan from the Seosan Agricultural Cooperative (hereinafter “Seosan Agricultural Cooperative”), and completed the registration of establishment of a neighboring mortgage of KRW 1,960,000 on the instant building as security (hereinafter “the first mortgage”), and on June 14, 2002, the registration of establishment of a neighboring mortgage of KRW 420,000 on the debtor, the mortgagee, Seosan Agricultural Cooperative, the maximum debt amount of KRW 420,00.
(hereinafter referred to as “second right to collateral security”)
(1) On April 22, 2004, the Plaintiff completed a provisional registration on February 27, 2004 with respect to the instant building by means of a pre-sale agreement with Defendant B on April 22, 2004, and completed the principal registration on June 2, 2006 on June 2, 2006.
(2) The registration of the instant building was completed on March 27, 2007, as classified by Nos. 101, 201, 301, 401, 501, and 601.
The Plaintiff and Defendant B, on April 2, 2007, concluded the instant partition agreement and on April 2, 2007, would settle a mutual credit and obligation between the parties by owning the instant real estate instead of acquiring the Plaintiff’s obligations for loans, etc. on the fourth floor (401) and the sixth (601) of the instant building (hereinafter “each of the instant real estate”).