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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. On October 17, 2014, D Co., Ltd. (hereinafter “D”) completed the registration of creation of a neighboring mortgage, which became the Plaintiff, on October 16, 2014, on the ground of a contract to establish a collateral security (hereinafter “instant real estate”) with respect to the Plaintiff on the land of G 9,673 square meters and 59 square meters, G forest land (hereinafter “instant real estate”).
B. (1) On April 1, 2011, the Defendant and D concluded a contract for the modification of the authorized and permitted guarantee insurance with the term “Guarantee of Deposit for Restoration Expenses due to Mountainous Districts,” the insured’s “Bansung Sewage Business Director”, the insurance period “from November 16, 2005 to December 31, 2012”, and “2,33,178,000 won” with the purchase amount of insurance.
(hereinafter “instant insurance contract”). After the Defendant and D entered into the first guarantee insurance contract on January 2, 2006 for the first time, they additionally entered into a contract to modify the insurance period and the amount of insurance coverage three times more, and the instant insurance contract is the last modified contract.
(2) On February 24, 2014 and January 29, 2015, the Defendant received a decision of provisional seizure on the instant real estate by the Suwon District Court Nos. 2014Kadan532 and support 2015Kadan131, supra, in order to preserve the claim for prior reimbursement against D.
C. (1) D did not submit a plan for recovery to the Ansan City Mayor from November 16, 2005 to December 31, 201) by the end of the period of permission for conversion of a mountainous district (from November 16, 2005 to December 31, 201). The Ansan City notified, on January 4, 2012, that KRW 2,450,377,000 shall be deposited as “cash” or “licensed and permitted guaranty insurance policy as of December 31, 2013.”
(2) On October 16, 2015, D filed a claim with the Defendant for the instant insurance contract for KRW 2,33,178,000 on the grounds that the instant real estate restoration plan was not submitted due to the expiration of the period of permission for conversion of a mountainous district.
(3) The Defendant on December 31, 2015.