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1. All the appeals filed by the plaintiff (Counterclaim defendant) and the primary claims added at the trial and the conjunctive claims shall be dismissed;
2.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the arguments as to the order to submit financial transaction information to the National Bank Co., Ltd. (hereinafter “National Bank”) at the court of first instance (hereinafter “National Bank”), as a result of the answer against the order to submit financial transaction information to the National Bank Co., Ltd. (hereinafter “National Bank”).
The defendant, along with C in a de facto marital relationship, operates the "Egres" in Jongno-gu Seoul Metropolitan Government D, and the plaintiff has been employed with the above Egresist since a few years ago.
B. From March 6, 2012 to June 16, 2012, with respect to Article 203 of the second floor of Jongno-gu Seoul Metropolitan Government F, G and H, the Plaintiff registered the establishment of a mortgage over KRW 700 million in total, including the mortgagee, the Defendant, the debtor, and the maximum debt amount.
After that, on September 5, 2012, the registration of creation of a neighboring mortgage in the name of the defendant was cancelled upon the application of the national bank of the above loan by the senior mortgagee, and on September 5, 2012.
C. The Plaintiff, on March 21, 2012, ordered the Defendant to complete the registration of ownership transfer on the ground of sale as of March 15, 2012, the Yongsan-si Office of this Court (No. 8276) received on March 21, 2012. At the time of the completion of the registration of ownership transfer, each of the instant real estate was already completed on the basis of each of the following: (a) the National Bank of Korea, the obligor, and the maximum debt amount, No. 3300,000,000 won in total.
After that, the Defendant received loans from the National Bank on March 29, 2012, and on September 25, 2012, the amount of KRW 250,500,000,000 from each of its own name. As to the instant real estate, the Defendant completed the registration of establishment of each of the maximum debt amount of KRW 480,000,000 ( March 29, 2012) and KRW 360,000 ( September 25, 2012) with the National Bank as the mortgagee and the Defendant as the debtor.
E. On March 29, 2012, the Defendant is a national bank with respect to the instant real estate.