beta
Text
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 11, 2018, the Plaintiff leased KRW 500 million to C with interest rate of KRW 19.9% per annum and due date on May 31, 2019. To secure this on the 13th day of the same month, the Plaintiff entered into a joint collateral agreement with C and D (hereinafter “C, etc.”) on the E-ray 720 square meters (hereinafter “instant land”), Q Q 87 square meters with maximum debt amount of KRW 70 million, and completed the registration of the establishment of a neighboring mortgage as of September 13, 2018.
B. On May 9, 2018, R Co., Ltd. (hereinafter “R”) entered into a construction contract with C, etc. for the construction of multi-household houses on the instant land and filed an application for provisional attachment in order to preserve the claim amounting to KRW 412,510,000, the unpaid construction cost of the instant building, which was before completion of the construction on January 30, 2019, and accordingly, on February 14, 2019, the provisional attachment order (U.S. District Court 2019Kadan10032) was issued and registered on February 15, 2019.
C. On January 30, 2019, the Defendant leased the instant land to C with interest of 300 million won at 24% per annum and due date on April 29, 2019, with D’s joint guarantee. As a security, the Defendant completed the registration of the establishment of the neighboring land with the maximum debt amount KRW 450 million as of January 30, 2019 by the Suwon District Court No. 22512, Jan. 30, 2019.
As seen earlier, on February 15, 2019, the Defendant entered into a contract to establish a collateral (hereinafter “instant contract”) with C, etc. on February 15, 2019, for the instant building, the registration of initial ownership was completed by entrustment following the R’s provisional attachment decision, including C, etc., and completed the registration of creation of a collateral (hereinafter “instant contract”) with the same registry office as the receipt of No. 40508, Feb. 25, 2019.
[Ground of Recognition] contain facts without dispute, Gap evidence 1, 2, 3, 16, 19, and Eul evidence 3.
(c).