근저당권설정등기 등 말소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Basic facts
A. From December 15, 2008 to February 7, 2013, the Plaintiff filed a lawsuit against C seeking the payment of outstanding loans of KRW 350,000,000 among outstanding loans of KRW 451,085,000 (Seoul Central District Court 2015da508051) and damages for delay thereof (Seoul Central District Court 2015da508051). On November 27, 2015, the Plaintiff was sentenced to the judgment that “C shall pay the Plaintiff KRW 350,000,000 and damages for delay thereof,” and the said judgment became final and conclusive on December 3, 2015.
B. 1) On April 27, 2015, C entered into a contract to establish a mortgage (hereinafter “instant contract”) with the Defendant on each real estate listed in the separate sheet (hereinafter “each of the instant real estate”). On February 1, 2016, C entered into a contract to establish a mortgage with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) in the order of the separate sheet, and entered into a contract to establish a mortgage (hereinafter “instant contract”). On February 1, 2016, C signed a contract to purchase and sell the instant real estate with the Defendant on May 13, 2015 as the receipt of the maximum debt amount of KRW 60,00,000,000, C, and B, the debtor, and B, on May 13, 2015, and on February 1, 2016, C purchased and sold the instant real estate (hereinafter “instant promise”) with the receipt of share transfer registration No. 1943, Feb. 11, 2016.
(C) On February 11, 2016, the same registry office entered the provisional registration of the right to claim ownership transfer as the receipt No. 1945 on February 11, 2016. Meanwhile, on March 16, 2015, the Plaintiff was issued a decision of provisional attachment of KRW 90 million (Seoul Central District Court 2015Kadan34535) with respect to the real estate No. 1 in this case, and the provisional attachment registration was completed on the same day. D. C was in excess of the obligation at the time of each disposition under the above sub-paragraph (b) and the Defendant is the husband of C’s female O. [based on recognition] Evidence Nos. 1 through 4 (including numbers), each entry of Evidence No. 1 through No. 3, and the purport of the whole pleadings and arguments.
2. The Parties’ assertion.