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1. The Defendants and C Co., Ltd. concluded on December 13, 2012 with respect to the size of 10,475 square meters of D forest land in Chungcheongnam-gun, Chungcheongnam-do.
Reasons
1. Basic facts
A. F’s credit and F’s credit transfer 1) F Company C (former trade name before change: G Co., Ltd.; hereinafter “Non-Party”) are limited to Company C.
(1) The claim for the return of the real estate sale proceeds amounting to KRW 188,202,680 (hereinafter “the claim of this case”) shall be
2) On July 18, 2012, the non-party company filed an application for provisional seizure against real estate under the Ulsan District Court 201Kahap560, Ulsan District Court 2012, which held the non-party company as to D forest land No. 10,475 square meters (hereinafter “the real estate of this case”) owned by the non-party company, and according to the provisional seizure decision, the registration of provisional seizure was completed with the claim amounting to KRW 188,202,680, and the creditor F of the Daegu District Court as the claim amounting to KRW 8244 on July 25, 2012 as to the real estate of this case (hereinafter “registration of provisional seizure”).
3) On December 9, 2013, F entered into a contract with the Plaintiff to transfer the instant claim to the Plaintiff, and notified the non-party company of the fact of the instant claim transfer by content-certified mail. B) On December 13, 2012, the non-party company entered into a mortgage contract with the Defendants as to the instant real estate on December 13, 2012, and on December 17, 2012, the non-party company entered into a mortgage contract with the Defendants, with the order of priority No. 12922, No. 1, No. 12922, No. 1, 2012, the registration of the establishment of a mortgage was completed against the Defendant, and the registration of the establishment of a mortgage was completed on December 17, 2012 with the order of priority No. 12922, No. 12922, Dec. 17, 2012.
(B) The lower court determined that the instant mortgage agreement was a “mortgage agreement” and registered as the “registration of the establishment of the instant mortgage”). F188,202,680 won (hereinafter “registration of the establishment of the instant mortgage”) on July 25, 2012, the amount claimed by the creditor as of the registration date of the provisional seizure of this case, which was KRW 98,80,070 (H98,809,070) on September 26, 2012, and KRW 37,830,60 (hereinafter “registration of the instant provisional seizure”).