beta
Text
1.The judgment of the first instance, including a claim reduced by this Court, shall be modified as follows:
The plaintiff 1.
Reasons
1. Basic facts
A. The Plaintiff is the wife of D, and D died on September 11, 2016.
(hereinafter “the deceased”). Around April 2017, the Plaintiff, his heir of the deceased, and his children, E, and F agreed on the division of inherited property that the Plaintiff would succeed to.
B. On December 18, 2007, the Deceased applied for provisional seizure of the claim amounting to KRW 130,000,000,000 for the claim amounting to KRW 130,000,000, the debtor B, and the third debtor G Co., Ltd. for the Busan District Court as Busan District Court Branch Branch 2007Kadan515, and upon such application, the above court rendered a provisional seizure order against Defendant B Co., Ltd. on January 8, 2008.
C. The Defendants, on April 16, 2009, replaced the Deceased with the Defendant C on the condition that: (a) Defendant B borrowed KRW 130 million from the Deceased at an annual interest rate of KRW 30 million; and (b) Defendant C made and sent a loan certificate to the effect that Defendant B’s joint and several surety obligation is jointly and severally guaranteed by the Defendant B (hereinafter “instant agreement”); (b) the Deceased’s withdrawal of the claim for provisional attachment against the Busan District Court Branch Branch of Busan District Court’s 2007Kadan5515, the Defendant B’s withdrawal of the claim for provisional attachment; (c) Defendant B’s H apartment I (which was completed thereafter, and became real estate in the Schedule 1; hereinafter “the instant real estate”). At the same time, Defendant C shall set up a second priority mortgage to the Deceased with the obligor B, the maximum debt amount of KRW 130 million,000,000,000 for the instant real property (hereinafter “each of the instant agreements”).
On April 20, 2009, the Deceased applied for the cancellation of provisional attachment of the claim for sale in Busan District Court 2007Kadan5515.
E. Defendant C completed the registration of ownership transfer on May 25, 2009 with respect to the instant real estate, and, on the same day, set up a collateral of KRW 420 million with respect to the maximum debt amount to J Co., Ltd.
[Ground of recognition] Unsatisfy, A(1) through (3)