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Attached Form
For shares of 2/9 of each land listed in the list:
A. It was concluded on July 17, 2019 between Defendant B and D.
Reasons
1. Facts of recognition;
A. On March 20, 2017, the Plaintiff filed a claim against D for the amount of money taken over with the Seoul Central District Court Decision 2017 tea12693, and on March 20, 2017, the payment order was issued from the above court that “D shall pay to the Plaintiff the amount of KRW 20,091,881, and the amount of KRW 17% per annum from October 25, 2003 to May 29, 2007; KRW 20% per annum from the next day to September 30, 2015; and KRW 15% per annum from the next day to the date of full payment.” The payment order was finalized on April 11, 2017.
B. On January 30, 2019, E, the father of D, died with each of the lands listed in the separate sheet as inherited property (hereinafter “each of the instant lands”), and upon the Plaintiff’s application for subrogation registration, the registration of transfer of ownership was completed on the grounds of inheritance on January 30, 2019 by 3/9 shares in each of the instant lands, Defendant B, G, and D in the future on July 10, 2019, and 2/9 shares in each of the instant lands.
C. On July 16, 2019, Defendant C entered into a mortgage agreement with D as to the share of 2/9 of D out of each of the instant lands (hereinafter “each share of D”) with the maximum debt amount of KRW 30 million, the debtor D, and the mortgagee C (hereinafter “instant mortgage agreement”). On July 17, 2019, Defendant C completed the registration of establishment of a mortgage (hereinafter “the registration of establishment of a mortgage of this case”) around the Daegu District Court No. 25313, Daegu District Court’s receipt office of registration.
On July 17, 2019, Defendant B entered into a pre-sale agreement (hereinafter referred to as “instant pre-sale agreement”) with respect to each share of the instant D, and completed the provisional registration of the right to claim a transfer (hereinafter referred to as “the provisional registration of the instant case”) under Article 25511 on July 18, 2019.
E. D was liable to the Plaintiff at the time of entering into the instant mortgage contract and the promise to sell and purchase the pertinent property, whereas D did not have any particular property except for each share of the instant D.
recognized.