beta
Text
1. Of the judgment of the court of first instance, the part concerning Defendant Newdo Construction Co., Ltd. and the following amount ordered to be paid:
Reasons
1. The number of basic facts No. 6/12 6/12 2 G 5,158/6,297 1,139/6,297 3 H8/12 4/12 4 I 8/12 4/12 4/12 5 J 8/12 4/12 4/12 6/12 0
A. B purchased 4/12 shares out of 1 real estate listed in the separate sheet on October 13, 2007 (each of the real estate listed in the separate sheet; hereinafter referred to as "real estate"; hereinafter referred to as "real estate") and completed the registration of ownership transfer on October 21, 2007, and purchased 2/12 shares in the compulsory auction procedure on November 14, 2009 and completed the registration of ownership transfer on November 25, 2009. D purchased 6/12 shares out of the real estate on September 11, 2008 and completed the registration of ownership transfer on September 25, 2008, and as of September 2012, 2012, shares in each of the real estate of this case and D and B are as follows:
B. On September 11, 2008, the Plaintiff loaned KRW 200,000,000 to B with the due date set as KRW 1,50,000 on September 11, 2009, and for the purpose of securing the above loan claims, the Plaintiff concluded a mortgage contract on July 21, 2010 with respect to B shares (Provided, That 4/12 shares for one real estate) in each of the instant real estate in order to secure the above loan claims, and made a registration of establishment of a mortgage of KRW 200,000 with respect to the maximum debt amount as of the same day.
Therefore, the defendant's assertion that there is no secured debt against the plaintiff B is without merit).
Defendant Sejong Mutual Savings Bank (hereinafter “Defendant Bank”) obtained, on July 20, 2010, the establishment of a mortgage over KRW 390,000,000 for each of the instant real estate under the name of the Defendant Bank with respect to each of the instant real estate, in order to secure the obligation for loans to D, and on August 1, 2012, the Defendant Newdo Construction Co., Ltd. (hereinafter “Defendant Company”) obtained a provisional attachment order of KRW 18,50,000 for D portion among the instant real estate under the name of the Defendant Bank.