beta
Text
1. The Defendants jointly share KRW 1,986,59,341 to the Plaintiff, as well as Defendant B and D, respectively, from March 1, 2019.
Reasons
1. Basic facts
A. On May 27, 2011, Defendant B Cooperatives (hereinafter “Defendant Association”) loaned KRW 2.7 billion to Defendant D’s father by the due date on May 27, 201, and completed the registration of creation of superficies for the period from May 27, 2011 to 30 years with respect to each real estate listed in the separate sheet of real estate owned by E (hereinafter “instant real estate”) in order to secure the above loan claims on the same day as E, with respect to each real estate listed in the separate sheet of real estate owned by E (hereinafter “instant real estate”).
B. However, around August 2012, Defendant D and Defendant C, who was in charge of the said loan as an employee of Defendant D and Defendant C, intended to obtain additional loans from other financial institutions after cancelling both the establishment registration of neighboring mortgage and the registration of creation of superficies established on the instant real estate.
Accordingly, on September 3, 2012, Defendant C forged an application for registration of cancellation in the name of F, the president of the branch office of the Defendant Union regarding the registration of creation of superficies and the registration of establishment of superficies, and submitted it to the competent public official, and completed the registration of establishment of neighboring mortgages and the registration of cancellation of superficies established in the instant real estate to the Ulsan District Court.
C. Since then, Defendant D requested the Plaintiff to lend the instant real estate as collateral, and acquired a loan of KRW 2.5 billion from the Plaintiff, and completed the registration of creation of superficies from September 7, 201 to 30 years with respect to the instant real estate as to the real estate, the maximum debt amount of KRW 3.25 billion, the debtor D and Defendant D established at that time, and the real estate set forth in the No. 4 of the list of the attached real estate list, established by G Co., Ltd. and the real estate set forth in the No. 4.
As Defendant D did not pay the above loans, the Plaintiff is the Ulsan District Court upon the registration of the establishment of a neighboring mortgage on the instant real estate.