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1. The defendant's appeal is dismissed.
2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Defendant.
Reasons
1. The reasoning of this court’s judgment citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the dismissal as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of
2. The phrase “B. Registration of the transfer of the Defendant’s real estate ownership and the creation of the Plaintiff’s security right” between the second and third parts of the judgment of the first instance as follows.
1) On April 15, 2013, the Defendant completed the registration of transfer of ownership on the ground of sale on April 15, 2013, with respect to the shares of 8457/9603 square meters and above land Nos. 1, 9, and 9, from among the shares of 2,095 square meters in the Gandong-gun, Gandong-gun, Chungcheongnam-do.
2) On April 15, 2013, the Plaintiff established a comprehensive collateral security of KRW 443,300,000 on the said shares and each building owned by the Defendant, as well as the maximum debt amount of KRW 443,30,00 on each building. 3) Thereafter, on November 26, 2013, the size of KRW 2,095 square meters is divided into KRW 846,848,000,000,000 for the said shares and each building owned by the Defendant. The said F land was converted to the road category on November 28, 2013.
The lower part between the third fourth and the fifth second half of the judgment of the first instance is as follows. 1) The intervenor completed the registration of transfer of ownership on April 15, 2013 with respect to the share of 1146/9603 and G forest land of 7,508 square meters among the share of 1146/96/9603 square meters in Gyeongbuk-gun, G forest and 7,508 square meters on April 22, 2013.
『나. 피고의 주장에 대한 판단 ⑴ 공유물분할등기 약정에 관한 주장 ㈎ 주장의 요지 원고의 직원 P은 피고와 참가인의 대표이사 M와 사이에 피고와 M이 제출한 ‘위치확인 동의서’(을 제1호증 에 따라 경북 칠곡군 D 토지와 E 토지는 피고의 소유로, G 토지와 F 토지는 참가인의 소유로 각 소유권이전등기를 마치고, 위 각 토지와 D 토지 지상 각 건물에 근저당권을...