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1. The part against Defendant B among the judgment of the first instance is revoked.
2. The plaintiff's primary claim against the defendant B.
Reasons
1. Facts of recognition;
A. A Donation G between G and Defendant B was appointed as a director of A Co., Ltd. (hereinafter “A”) on December 11, 2006, and served as A’s representative director from February 2, 2007 to September 24, 2008.
On September 26, 2008, the second day after September 26, 2008, the contract was concluded to the effect that the instant real estate, which is the only real estate owned by the Defendant B, will be donated (hereinafter “instant donation contract”), and accordingly, the registration of ownership transfer was made as the receipt No. 48515 of the Seoul Central District Court’s registration office on September 26, 2008.
B. Around December 29, 2008, Defendant B and the other Defendants concluded a mortgage agreement with H on the instant real estate, and accordingly, H thereafter concluded a mortgage agreement with the Seoul Central District Court on December 29, 2008, with the Seoul Central District Court’s registry No. 61769, Dec. 29, 2008; (b) registered the establishment of a mortgage with the obligor B, which became the Defendant B, but registered the establishment of a mortgage with the Seoul Central District Court’s registry as the Seoul Central District Court’s registry No. 57758, Nov. 29, 2010, changed the maximum debt amount to KRW 250 million.
In addition, the Seoul Central District Court registered on November 29, 2010, No. 57759, which was received on November 29, 2010, entered into a supplementary registration of the transfer of the right to collateral security to Defendant C on the ground of the "transfer of the contract as of November 26, 2010."
Around February 20, 2009, Defendant B entered into a mortgage agreement with Defendant D on the instant real estate and accordingly, Defendant D, as the receipt of the maximum debt amount, No. 7705, Feb. 24, 2009, which was the Seoul Central District Court’s registration office, and the establishment registration of a neighboring mortgage as Defendant B, which was the debtor B.
Around February 23, 2009, Defendant B concluded a mortgage agreement with Defendant E on the instant real estate, and accordingly, Defendant B thereafter concluded a mortgage agreement with the Seoul Central District Court on February 24, 2009, as the receipt of the maximum debt amount No. 7707, Feb. 24, 2009, and registered the establishment of a mortgage as Defendant B with Defendant B.
Defendant B is with Defendant F on November 26, 2010.