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1. Of the judgment of the first instance court, the part against Defendant C (excluding the dismissed part) shall be modified as follows:
Defendant C.
Reasons
1. Basic facts
A. On November 27, 2009, E purchased the land listed in the separate sheet No. 1 from the Plaintiff and completed the registration of ownership transfer thereof on the ground of the land listed in the separate sheet No. 1 and No. 2 (hereinafter “instant land”), and completed the registration of ownership transfer thereof on June 22, 2010 by constructing a building listed in the separate sheet No. 3 (hereinafter “instant building”).
B. Defendant B, C, etc. prepared funds necessary for the instant project (as to whether the nature of the funds is investment or loan, there is a dispute between the parties), and as a security, Defendant B and C, the representative of the creditor, set up a collateral security (hereinafter “mortgage partial collateral security”) of maximum debt amount of KRW 1.35 billion with the maximum debt amount of KRW 1.55 billion with the 30813, Dec. 9, 2009, which was received on December 9, 2009. Upon completion of the instant building, Defendant B created an additional collateral security (hereinafter “sub-mortgage collateral security”) of the maximum debt amount of KRW 1.5 billion with the same registry office as of June 30, 2010 with respect to the instant building.
C. Meanwhile, on November 18, 2010 at the request of Defendant D, one of the creditors, Defendant B and C transferred part of the secured debt of the part of the land to Defendant D (the transferred amount of KRW 90 million) and completed the registration of partial transfer of the secured debt as of November 18, 2010 at the same registry office on the ground of the partial transfer of the finalized claim.
(B) Of the land parts, the remaining collateral security remaining in the future of Defendant B and C is the remaining collateral security, and the right to collateral security transferred to Defendant D is the prior collateral security (hereinafter “instant prior collateral security”).
However, since the instant project does not run smoothly, the collection of claims by Defendant B, C, etc. is unexplosive, the Plaintiff and the Plaintiff.