beta
Text
1. The plaintiff's claim against the defendant B is dismissed.
2. The separate sheet between Defendant C and D is listed in the separate sheet.
Reasons
1. Presumption
A. On October 27, 201, the Plaintiff’s claim against D received stone construction from the U.S. S. Co., Ltd. for multi-household housing in Yangcheon-gu Seoul Metropolitan Government. D jointly guaranteed the said company’s obligation to pay construction cost.
As the Plaintiff completed the construction before March 10, 2012, but failed to receive the construction cost, it filed a lawsuit against D (Seoul District Court 2013Da58162) and was sentenced on December 18, 2013 to “D shall pay to the Plaintiff 48,20,000 won with the interest of 5% per annum from March 11, 2012 to July 24, 2013, and 20% per annum from the next day to the day of complete payment.” The above judgment became final and conclusive around that time.
B. As to the real estate stated in the separate sheet No. 1, Defendant B and the Defendants, Defendant B, on June 21, 2013, the maximum debt amount of KRW 65,000,000 for the establishment of the contract on the same date, and the mortgage No. 1, which is the debtor D (hereinafter “instant mortgage”)
A) Meanwhile, Defendant B completed the registration of creation. Meanwhile, Defendant C completed the registration of creation of a mortgage on each of the real estate listed in the same list No. 3 (hereinafter “each of the instant real estate”) recorded in the same list (hereinafter “each of the instant real estate”) with respect to each of the real estate listed in the same list (hereinafter “each of the instant real estate”) as indicated in the same list, as the list number was received on July 8, 2013, (i) No. 34580, Jul. 8, 2013; and (ii) each of the real estate listed in the debtor D (hereinafter “instant collateral No. 2”); and (iii) the establishment of a mortgage on each of the instant real estate (hereinafter “each of the instant real estate”). The registration was completed by referring to the instant real estate No. 1 and 2.
C. 1) The Plaintiff is the Seoul Southern District Court E (F. F. hereinafter) with respect to each real estate of this case, which was owned D based on the above final judgment.