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1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On May 20, 2009, Gwangju City: (i) the establishment of the right to collateral security on C forest land 5,552 square meters (hereinafter “instant real estate”) was set up with respect to the Defendant’s forest C forest land 5,552 square meters (hereinafter “instant real estate”) on May 20, 209, the maximum debt amount of KRW 156 million, No. 1,500,000,000,000 from April 30, 2010, and was loaned KRW 120 million from the Defendant on April 30, 2010.
D. On March 4, 2010, on the registry No. 3, 2010, the Defendant created the right to collateral security (hereinafter “mortgage No. 3”) with a maximum debt amount of KRW 14 million, which is the maximum debt amount of KRW 3,000,000,000 with respect to the instant real estate, and was loaned from the Defendant on March 5, 2010.
On August 5, 2010, the Employer D created a right to collateral security (hereinafter “right to collateral security”) with a priority number No. 4 in the registry No. 130 million won with respect to the instant real estate, and was loaned from the Defendant on August 6, 2010.
In order to secure the debt owed to E on March 25, 2011, D created a collateral security (hereinafter “mortgage 5”) with a priority number No. 5,000,000 won for the instant real estate, the maximum debt amount of which is KRW 150,000,000 for the registry No. 5,000.
B. (i) On August 25, 2011, the Plaintiff entered into a real estate sales contract with D and the instant real estate in which the Plaintiff would purchase KRW 265/555 and 552 of the price for KRW 200 million (the KRW 150 million among them shall be substituted by acquiring the debt amount of KRW 150 million against D’s Credit Union) and paid KRW 80 million to D as the down payment 25 million on August 25, 201, and the intermediate payment of KRW 50 million on August 29, 201.
D D’s wife F’s share of 1,002.6/2,776 of the instant real estate, and D’s A’s share of 1,002.6/2,776 of the instant real estate, following the death of around October 2, 2011.