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1. The Plaintiff’s appeal against the Defendants and the Plaintiff’s alteration in part by this court to the Defendants.
Reasons
1. Facts of recognition;
A. The Plaintiff filed a lawsuit against Nonparty D with the Seoul Central District Court No. 201Da253194 against the Plaintiff seeking litigation costs. On November 30, 2011, the Plaintiff received a performance recommendation decision from the above court that “D shall pay KRW 10,000,000 to the Plaintiff.” On February 3, 2012, the said decision became final and conclusive. 2) The Plaintiff agreed that D shall pay KRW 30,000,000 to the Plaintiff by June 30, 201, on the ground that “D shall pay KRW 30,000,000 to the Plaintiff by June 30, 201.” On November 10, 2017, the Plaintiff received a settlement recommendation from the above court, “D shall be paid KRW 30,00,000,000,000 to the Plaintiff by the end of each month,” and the Plaintiff was paid damages for delay from the end of each month.
B. Defendant B’s registration of establishment of each of the following items: (a) The real estate listed in the attached Table 1 (hereinafter “instant real estate”).
(2) On October 13, 2011, the Seoul East Eastern District Court’s registration date on October 13, 201, as the ground for registration, completed the registration of establishment of a neighboring mortgage, “The maximum amount of claims KRW 52,000,000, and debtor D,” as the ground for termination on July 2, 2012. (2) Defendant B cancelled the registration of establishment of a neighboring mortgage as the ground for termination on July 2, 2012 under Article 37912 of the above registration date as to the instant real estate as the ground for registration under “40,000,000,000, and the debtor D,” the registration date was completed on July 22, 2012, and the registration date was terminated on April 21, 2015.
3) As to the instant real estate, Defendant B completed the registration of the establishment of a new establishment of a mortgage on April 22, 2015, “the maximum amount of claims KRW 40,000,000, and debtor D,” under the Act No. 31493, Apr. 22, 2015, as the grounds for registration, as to the instant real estate. (c) Defendant C’s respective establishment of a new establishment of a mortgage of Defendant C.