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1. The defendant on November 16, 2007, as to the building stated in the attached list to the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff (former Mutual Co., Ltd.), including the status of the parties, is a company that runs the distribution business, etc., and D is one shareholder, and the Defendant is the same parent of the wife E.
B. (1) On November 16, 2007, E completed the registration of creation of a neighboring building with regard to the building indicated in the separate sheet owned by it (hereinafter “instant building”), including the mortgagee, the obligor, and the maximum debt amount of KRW 50 million.
(2) The Plaintiff purchased the instant building from E on April 24, 2008 and completed the registration of ownership transfer on May 8, 2008.
C. (1) A related criminal judgment, etc. (1) On April 23, 2012, D, the Plaintiff’s single shareholder, agreed with E, D, the payment of KRW 50 million to E, and E, the payment of KRW 50 million to E on the same day, but E did not transfer the instant right to collateral security to D, as well as on May 13, 2016, upon receiving an application for voluntary auction of the instant building under the Defendant’s name.
(2) The Plaintiff filed a complaint against E and the Defendant, and revoked the complaint against the Defendant. On June 1, 2017, E was prosecuted for fraud, and on June 1, 2017, E obtained a sentence of a fine of KRW 50 million (Seoul Northern District Court 2017MaMa42), stating that “B, even if having received the money from D, by fraud, obtained a false statement as if it would transfer the instant right to collateral security to D without any intent to terminate the instant right to collateral security, and obtained a false statement of KRW 50 million (Seoul Northern District Court 2017MaMa42), and is currently pending in the appellate trial.
【Court-Appellants 1-1, A’s evidence 2, 3, 4, 6, 9, and the purport of the whole pleadings
2. The allegations and judgment of the parties
A. The plaintiff asserted by the parties, without having any obligation or obligation against the defendant, the right to collateral security of this case.