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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. On February 27, 2012, the Plaintiff entered into a credit transaction agreement with Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) with interest rate of KRW 652,00,000 per annum, interest rate of KRW 9% per annum, interest rate of KRW 25% per annum, and interest rate of time for repayment after six months (hereinafter “instant agreement”), and B, the representative director of the Nonparty Company, guaranteed the above loan obligations.
(A) Evidence 2. (b)
Around February 27, 2012, Nonparty D (hereinafter “D”) offered 122 art works (hereinafter “instant art works”) as security for transfer to the Plaintiff in order to secure the loan obligations of Nonparty Company.
(No. 1). (c)
However, the non-party company and B did not repay the loan under the instant contract.
Accordingly, the Plaintiff brought an action against Nonparty Company and B seeking payment of KRW 500,000,000, which is a part of the above loans, as Seoul Central District Court 2013Gahap6372.
On May 24, 2013, the above court rendered a judgment in favor of the Plaintiff, and the above judgment became final and conclusive around that time.
(A) No. 1, 2) d.
On the other hand, as to the real estate listed in the separate sheet (hereinafter “the instant real estate”), B completed the registration of establishment of a mortgage on October 27, 2014 to Defendant A on the ground that the mortgage contract was concluded (hereinafter “the instant first mortgage contract”) as of October 27, 2014.
(2) On October 27, 2014, the registration of establishment of a mortgage was completed on November 6, 2014 with respect to the instant real property as the first mortgage (hereinafter “the first mortgage”) No. 10, and B, under Article 23144, the registration office of establishment of a mortgage was completed on November 6, 2014 with respect to the instant real property as the Defendant FIMD Co., Ltd. (hereinafter “CIMD”).
(hereinafter referred to as “the instant 2-mortgage”) No. 10.