손해배상(기)
1. Defendant D: (a) KRW 21,900,000 for the Plaintiff and 5% per annum from June 20, 2016 to January 31, 2019; and (b) February 2019 for the Plaintiff.
[Defendant B, C]
1. Basic facts
A. On May 3, 2016, the registration of ownership transfer was completed under Defendant D’s name on the ground of the Seoul Central District Court Decision 2012Gadan268893 decided April 16, 2013 (hereinafter “instant judgment”) with respect to Nonparty D’s non-party D’s real estate (hereinafter “instant real estate”).
B. On June 20, 2016, the Plaintiff, as the owner of the instant real estate, paid the additional relocation expenses (paid interest relocation expenses) to Defendant D, who became a member of the Plaintiff, KRW 12.9 million (hereinafter “instant loan”), and completed the registration of creation of a neighboring mortgage (debtor) on the instant real estate.
C. Defendant C purchased the instant real estate from Defendant D on May 27, 2016, and completed the registration of ownership transfer on June 27, 2016.
On July 1, 2016, the Plaintiff, Defendant C, and D concluded a contract acceptance agreement (the content is to be omitted because it is the same as that of Defendant B) and completed the registration of change of the right to collateral security (debtor C) on July 7, 2016.
Defendant B purchased the instant real estate from Defendant C on August 13, 2016, and completed the registration of ownership transfer on October 6, 2016.
On December 26, 2016, the Plaintiff, Defendant B, and C entered into an underwriting agreement with the following terms and conditions, and completed the registration of change of the right to collateral security (debtor B) on December 29, 2016.
A contract for the alteration of the right to collateral security (acquisition of contract) and a creditor of the right to collateral security: Defendant C and a mortgagee of the right to collateral security: The contract for the alteration of the debtor for the acceptance of the contract between the above parties is concluded as follows:
1. On May 23, 2016, a contract establishing a right to collateral security between a creditor and a former debtor shall be succeeded by the new debtor and the mortgagee on the same condition.
2. The above claim which the creditor holds against the former debtor shall be extinguished against the former debtor; and
3.As set forth above.