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1. Defendant B (Appointed) as to KRW 151,450,000 and KRW 130,000 among them, starting from July 21, 2014.
Reasons
1. Basic facts
A. The circumstances leading up to the registration of transfer of ownership in the name of E and the subsequent situation 1) Attached Form 1 (hereinafter “instant building”).
(2) On June 9, 2005, Defendant B had registered the preservation of ownership in the name of “New Construction Co., Ltd. (former trade name: New Construction Co., Ltd.)” (hereinafter “New Construction Co., Ltd.), and Defendant B had run restaurant business with the trade name “F” by leasing the instant building from the said company. (ii) At the request of G, which is the collateral security right holder of the instant building, the voluntary auction procedure was conducted on March 18, 201.
At the above auction procedure, Defendant B received a decision of permission for sale in the name of son, and completed the full payment of the sale price on December 20, 201, and completed the registration of ownership transfer in the name of E on December 20, 2011. At the above auction procedure, the appraisal price of the building of this case was KRW 25 million, and the amount of the sale price was KRW 180,500,000,000.
3) On the other hand, Defendant B borrowed KRW 127 million from the Namyang Saemaul Bank on November 20, 201 to pay the above sale price. In order to secure the above loan, the right to collateral security (hereinafter referred to as the “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-
(4) On November 27, 2011, on the instant building, the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage in the name of the Plaintiff”) consisting of the debtor E, the mortgagee of the right to collateral security (hereinafter “appointed party”) and the maximum debt amount of KRW 150 million was completed.
B. Defendant B continued to engage in restaurant business in the instant building even after completing the registration of transfer of ownership under the name of the designated person D, and the following circumstances, Defendant B continued to engage in restaurant business in the instant building after completing the registration of transfer of ownership under the name E. However, on August 27, 2012, Defendant B, at the request of I, who is a creditor of E.