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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. On April 23, 2013, the transfer registration for ownership was completed on the ground of the Plaintiff (hereinafter “Plaintiff Company”)’s No. 2 E (hereinafter “D”) as to the eight-story apartment housing (multi-family housing) and the building of neighborhood living facilities (hereinafter “instant building E”) located in Silung-si, the Plaintiff (hereinafter “Plaintiff Company”) from F on April 23, 2013. On July 15, 2014, the transfer registration for ownership was completed on the ground of the Plaintiff’s trade (125,000,000 won) in the name of the Defendant Company on July 14, 2014.
(See Evidence A No. 1) The instant building E was completed on October 7, 2014 due to trading (140,000,000 won) in H.
B. On August 11, 2014, the Plaintiff Company and the Defendant are responsible for and repaid to the Plaintiff Company, the former commercial owner, excluding the remainder of KRW 110,000,000,000, out of the entire loans under subparagraph (a) of the instant building, the virtual owner, who is the current commercial owner, from among the entire loans under subparagraph (b) of the instant building,. See the record No. 62.
C. On April 23, 2013, subparagraph E of the instant building (hereinafter “G”) completed the establishment registration of a neighboring mortgage consisting of KRW 143,00,00 for the Plaintiff Company and the maximum debt amount of KRW 143,000,00 in the future, and the registration of the registration of the decision to commence voluntary auction was completed on September 24, 2014, which was filed by G based on the foregoing collateral security right, for the reason that the registration of the decision to commence voluntary auction was cancelled on October 7, 2014, and was cancelled on April 23, 2013 due to the termination on October 7, 2014.
(see Evidence A 1). (d)
Meanwhile, in relation to the building E of this case, the Defendant spent a total of KRW 122,197,795 as indicated in the following table:
(See evidence No. 6). The payment amount of the payment by the payment date by the sequence No. 34,500,000, which appears to be secured by the registration of creation of a neighboring mortgage on April 23, 2013, the principal and interest of the loan of KRW 36,50,000, which appears to be secured by the registration of establishment of a neighboring mortgage on October 7, 2014 (see evidence 1-1).