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1. Revocation of a judgment of the first instance;
2. The Defendant is from April 8, 2016 to KRW 100,000 for the Plaintiff and its related costs.
Reasons
1. Basic facts
A. On July 5, 2003, the Plaintiff completed the registration of transfer of ownership based on the provisional registration of the right to claim a transfer of ownership, which was completed on November 2002 with respect to 329.25 square meters in Macheon-si, E, E ground bricks and sbro-bro-story factories, 329.26 square meters in a brick structure and block structure, 85.25 square meters in a gro-story Busan Metropolitan City, Busan Metropolitan City, gro-type factory of block structure, 116.59 square meters in 116.59 square meters in a single floor of a block structure (a dormitory) (hereinafter collectively referred to as the “instant factory”).
B. On January 5, 2004, the Plaintiff and F Co., Ltd. (hereinafter “F”) drafted a lease agreement (hereinafter “instant lease agreement”) under which the Plaintiff leased the instant factory to F in KRW 100,000,000. The name of F in the F name of F in the instant lease agreement is affixed with the seal of the representative director.
C. On July 7, 2006, the Plaintiff filed a lawsuit against F with the Government District Court 2006Kadan44203, which decided on October 31, 2006 that “F shall deliver the instant factory to the Plaintiff, and shall pay to the Plaintiff the amount equivalent to KRW 3,000,000 per month from January 2004 to the completion date of delivery of the instant factory” (hereinafter “related case’s judgment”), and the above judgment became final and conclusive on November 22, 2006.
From December 24, 2003 to June 2007, the Defendant, established F, was the F’s representative director. On February 12, 2007, the Defendant completed the registration of creation of mortgage (hereinafter “registration of creation of mortgage”) consisting of the Plaintiff, the debtor, the Defendant, and the maximum debt amount of KRW 100,000,000, for the Plaintiff on February 12, 2007, the Defendant completed the registration of creation of mortgage (hereinafter “registration of creation of mortgage of this case”).
E. The registration of the establishment of a neighboring apartment of this case was cancelled on July 4, 2007 on the ground of the cancellation on July 2, 2007, and the defendant, on the same day, claims for the transfer of ownership on the apartment of this case against the plaintiff.