beta
Text
1. It was concluded between the Plaintiff and Defendant B on March 24, 2015 regarding real estate indicated in the separate sheet.
Reasons
1. Basic facts
A. The Plaintiff completed the registration of transfer of ownership based on inheritance by consultation and division as of January 15, 2004, No. 2455, which was received on January 15, 2004, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).
B. On March 24, 2015, Defendant B concluded a mortgage agreement with the Plaintiff on the instant real estate (hereinafter “instant mortgage agreement”) with respect to D who misrepresented the Plaintiff as his/her agent, and completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) based on the contract as of March 24, 2015, under the name of the Defendant D and the maximum debt amount KRW 22,50,000,000, and March 24, 2015, as of March 24, 2015.
C. On May 7, 2015, Defendant C concluded a mortgage agreement with D, who misrepresented the Plaintiff on the instant real estate (hereinafter “instant second collateral mortgage agreement”) with respect to the establishment of a mortgage, and completed the establishment of a mortgage registration (hereinafter “establishment registration of a mortgage of the instant second collateral”) on the ground of the contract concluded on May 7, 2015 with the Suwon District Court’s broad name registry office (20,000,000, and the maximum debt amount) as of May 7, 2015.
E Housing Redevelopment Development Project Association completed the registration of ownership transfer due to land expropriation on November 28, 2017, No. 48593, which was received on November 28, 2017, with respect to the instant real estate, from Suwon District Court, the registration of ownership transfer due to land expropriation was cancelled on the same day.
E. In order to exercise the subrogation right for the compensation to be acquired from the Republic of Korea upon the acceptance of the instant real estate, Defendant C applied for the attachment and assignment order of the claim against the “right to claim for payment of deposit money deposited by a third party debtor on behalf of the debtor” in the Suwon District Court Decision 2018TT 100857, and the said court rendered a ruling of acceptance on January 29, 2018, and the said ruling was rendered.