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1. The judgment of the court of first instance is modified as follows.
The defendant is about 84,496m2 of the forest land D. 1, the plaintiff 1.
Reasons
1. Facts of recognition;
A. Around April 2014, G, the Defendant’s actual manager, sought a loan of KRW 1,750,000 from a financial institution due to the need of the Defendant’s operating fund, and the Defendant’s lack of credit was not easy to lend.
B. Accordingly, upon the Defendant’s representative director, G was registered as the Defendant’s representative director on June 23, 2014 on the following grounds: (a) the Defendant’s good credit rating would be possible by using the Defendant’s credit rating; and (b) the Defendant’s representative director was requested to change E; and (c) E was registered as the Defendant’s representative director.
However, because H in the operation of E was suffering from the financial difficulties at the time, G promised to lend KRW 500,000,000 among them to E in return for providing the above assistance.
C. However, E was urgently required operating funds before the loan of the financial institution planned as above.
E means to borrow necessary money from the plaintiffs, and then, when the defendant received a loan from a financial institution, he/she repaid the loan to the plaintiffs with the amount to be lent by G, and among them, he/she provided the real estate in this case owned by the defendant as security to the plaintiffs, and G consented.
As the above agreement was reached, the plaintiffs, E, and G were gathered in the I certified judicial scrivener office on July 16, 2014 to delegate the registration of the establishment of a neighboring mortgage.
In the above certified judicial scrivener office, E and G respectively prepared to the Plaintiff A a loan certificate of KRW 200,000,000, the debtor E and the defendant who are joint and several sureties, the loan certificate of KRW 100,000,000, the debtor E and the joint and several sureties.
On the other hand, according to the delegation of the plaintiffs and the defendant, a certified judicial scrivener I prepared a written contract to establish a collateral security with regard to the instant real estate as the plaintiffs and the establisher of the collateral security, and G has a corporate seal impression and a corporate seal impression of the defendant.