Text
1. Nonparty D and Defendant B’s promise to sell and purchase real estate indicated in the separate sheet as of July 18, 2012 and Nonparty D.
Reasons
1. Basic facts
A. The Plaintiff lent a total of KRW 45 million to D by April 6, 2012.
B. On July 18, 2012, D entered into a pre-sale agreement with Defendant B regarding the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant pre-sale agreement”) (hereinafter “instant pre-sale agreement”).
On the same day, the provisional registration of Defendant B’s right to claim ownership transfer on the ground of the instant promise to sell and purchase the instant real estate was completed, and on October 8, 2012, the said provisional registration was transferred to Defendant C, the wife of Defendant B.
As a result, on October 8, 2012, on the basis of the above provisional registration, the registration of ownership transfer in the name of Defendant C was completed for the same day (hereinafter “instant sales contract”).
C. The instant real estate was subject to the establishment of a first-class collateral security (receiving on March 24, 2009) with the content of the instant real estate, which is the Mae Savings Bank Co., Ltd. (mutual savings bank: hereinafter “Os Savings Bank”), the obligor E Co., Ltd. (hereinafter “E”), the maximum debt amount of which is 1.75 million won, and the first-class collateral security (receiving on March 24, 2009) with the content of the instant real estate and joint collateral, the said collective collateral security was established with respect to the instant real estate and the buildings with five floors above that are owned by E (hereinafter “G real estate”), and on January 4, 2011, the land located H was added as joint collateral.
On October 2, 2012, the foregoing right to collateral security established on the instant real estate was revoked on the ground of the waiver of part of October 2, 2012, after the instant promise to sell and purchase the instant real estate and the provisional registration under Defendant B was made. On October 26, 2012, after the registration of ownership transfer was completed, the registration of establishment of the first-class collateral security bank, Han Savings Bank, Han Savings Bank, the debtor C, and the maximum debt amount, KRW 78 million, was newly completed.
E. At the time of the instant promise to trade and the sales contract, D was in excess of the obligation, and the instant case.