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1. A contract establishing a right to collateral security concluded on June 30, 2016 between the Defendant and C regarding the real estate stated in the attached list.
Reasons
1. Facts of recognition;
A. On November 20, 2013, the Plaintiff filed a lawsuit against C on the claim for the refund of the purchase-price amounting to KRW 500 million and received a judgment in favor of all on November 6, 2014 (Seoul District Court Decision 2013Gahap9448) C appealed appealed against the above judgment, and on March 30, 2017, the conciliation was concluded that “C shall pay KRW 500 million to the Plaintiff by May 31, 2017.”
Daejeon High Court (2014Na4055). B
1) On November 10, 2014, while the previous appellate trial was pending, C is the real estate stated in D and Disposition 1 (hereinafter “instant real estate”).
(2) On November 17, 2014, the Plaintiff filed a lawsuit against D on the ground that the said contract was a fraudulent act and filed a lawsuit for the cancellation of the said contract and the provisional registration of the right to claim transfer of ownership on the ground that the said contract was a fraudulent act, and on April 28, 2017, the court rendered a judgment in favor of the Plaintiff by deeming that the conclusion of the pre-sale contract with D on the instant real estate, the sole property of C, constitutes a fraudulent act.
(The Daejeon District Court 2014Kadan45024). D appealed against the above judgment, but was sentenced to a judgment dismissing the appeal on December 8, 2017 (Seoul District Court 2017Na3329). The second appeal was final and conclusive on April 26, 2018.
(Supreme Court Decision 2018Da9807). C.
On January 10, 2017, the appellate court on the claim for the return of the purchase price of the instant mortgage contract, which was pending in the appellate trial, completed the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage”) on the instant real estate as stated in the Disposition No. 2, on the ground of the mortgage agreement (hereinafter “mortgage agreement”) concluded against the Defendant on June 30, 2016 regarding the instant real estate.
[Ground for Recognition: A without dispute, entry in Gap evidence 1 to 7, including branch numbers;