beta
Text
Plaintiff
All appeals filed by B and the defendant are dismissed.
Expenses for appeal shall be borne individually by each person.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Reference fact 【Evidence 【Evidence 】 Entry of Evidence Nos. 1, 19, 20, 21, 29, 31, Eul Nos. 3, 4, 13, 22, 24 (including branch numbers; hereinafter the same shall apply), testimony of the first instance court and the first instance court witness E and the purport of the whole pleadings;
A. Legal relationship 1) G Co., Ltd. (Representative Director E, hereinafter “G”);
On December 26, 2006, F Building, an aggregate building (one story of between 101 and 112-12, 201 to 216-16, 301 to 301, and 401 to 401) located in Busan Seo-gu V, etc., is constructed, and the registration of ownership is completed. G is a stock company, the Bank (hereinafter “A bank”) on December 22, 2006.
B) As regards the total amount of F building 2, 3, and 4, the maximum debt amount of 3.25 billion won (1.30 billion won per actual claim 2.5 billion won), the joint mortgage agreement with debtor G and one bank with the mortgagee G was concluded, and on December 26, 2006, G completed the joint mortgage creation registration with the content of the first priority collective mortgage registration on December 27, 2006. 2) G borrowed 1.3 billion won from the co-defendant D (hereinafter “D”) of the first instance court on December 27, 2006 to secure the loan from D to secure the total amount of 1.3 billion won (the adjusted total amount) due to steel supply or construction cost, etc., and completed the provisional registration of 1.3 billion won for the total maximum debt amount of F building 2, 3, and 44 billion won, 1.3 billion won for the debtor, G, and one party to the joint mortgage, and completed the provisional registration of 3.4 billion won for the establishment of mortgage.
3 On May 18, 2007, D transferred KRW 200 million among the secured claims of F building 209 to the Defendant on May 18, 2007, and accordingly completed the registration of partial transfer of F building 200 million on May 21, 2007 on the ground of partial transfer of finalized claim, and the registration of partial transfer of F building 200 million to the Defendant.
D means May 31, 2007 G.