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1. Revocation of the first instance judgment.
2. D Co., Ltd., upon the selective claims added by this Court, shall be subject to the change.
Reasons
1. Basic facts
A. Defendant B was appointed as the representative director on December 31, 2013, and retired on July 30, 2014.
2) On October 25, 2013, Defendant C’s representative director G was appointed as an internal director on the part of Defendant C’s representative director.
B. On December 2, 2008, H and Defendant B were appointed as D’s representative director on December 2, 2008, and retired on December 2, 201.
around November 21, 2008, a loan was made from H under the name of H on August 6, 2012, and each real estate listed in Articles 1 through 4 of the attached Table, which is owned by D, was registered for the establishment of a lower right, respectively, of “70,000,000 won” with respect to each of the real estate listed in the attached Table Nos. 1 through 4, which was owned by D, and “I” with respect to the maximum amount of the bonds held by the debtor “H” on November 21, 2008, and “I”, and the establishment of a lower right was completed on August 6, 2012, of “130,000,000 won” with respect to each of the real estate listed in the attached Table No. 1 through 4.
2) On February 25, 2014, a loan was made from the J Union under the name of Defendant B to repay the debt owed under the said H’s name. On February 17, 2014, the establishment of the right to collateral security was registered with respect to each of the real estate listed in Articles 1 through 4 of the attached Table No. 4, which was owned by the Defendant B, as of February 17, 2014.
(c)
On August 22, 2014, the instant contract to establish a mortgage and registration of the establishment of a mortgage 1) D concluded a contract to establish a mortgage (hereinafter “instant contract to establish a mortgage 1”) with regard to each real estate listed in the attached Table 1 through 4, which is owned by Defendant B and D.
D) On August 26, 2014, with regard to each of the above real estate, Defendant B completed the registration of creation of a lower priority right (hereinafter “registration of creation of a first collateral security right”) with each of the “D” and the “300,000,000 won,” which was caused by the said mortgage contract by the Daegu District Court’s Sung-gu District Court’s Sung-gu District Court’s sexual branch support on each of the above real estate as of August 26, 2014.
2) On January 31, 2017, D’s agreement to establish a mortgage (hereinafter “mortgage”) with regard to real estate stated in attached Table 1, which is owned by Defendant C and D, as of January 31, 2017.