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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Reasons
1. Basic facts
A. (1) In order to newly construct and operate a gas station, C Co., Ltd. (hereinafter “C”) purchased each land listed in [Attachment List 1, 2, and 3 (hereinafter “instant land”) and newly constructed each building listed in [Attachment List 4, 5, and 6 (hereinafter “instant building”) on each of the following land, and D is the representative director of C.
(2) Defendant A is a credit service provider that completed the registration of credit business, and Defendant B was introduced D from the branch around November 2009.
B. The Plaintiff’s claim against C entered into a credit transaction agreement with C on September 29, 200, setting the amount of loans for small and medium enterprise facilities of the Account (limit) as KRW 400,000,000, which is set forth as loans for small and medium enterprise facilities of the Account on October 22, 2009, the credit transaction agreement setting as KRW 900,000,000, which is set as loans for small and medium enterprise facilities of the Account on October 29, 2009, and the credit transaction agreement setting as KRW 170,000,000, which is set as loans for the Account on October 29, 2009, each of which is set as KRW 1,310,000,000,000 in total to C (hereinafter “the above loan claim”). As of May 25, 2011, the amount of loans and interest on C is 1,364,696,005 won.
C. (1) The Plaintiff completed the registration of the establishment of a neighboring mortgage of KRW 1,800,000,000 for the instant land owned by Gwangju District Court as the receipt of September 29, 2009, No. 21446 of the maximum debt amount, under the title of the instant land and building (A).
(B) After that, the provisional registration of the title E was received on February 8, 2010 by the above Youngam Registry No. 3077, and the registration of creation of superficies under the title E was received on February 8, 2010 by the same registry office, and the registration of creation of superficies under the title E was completed on October 14, 2010 by the receipt No. 23647 of the same registry office.
(C) On the other hand, Defendant B registered the establishment of a neighboring mortgage of KRW 350,00,000 on the ground of a contract to establish a contract on February 23, 2010 as of February 24, 2010 as of February 24, 2010 and the maximum debt amount of KRW 350,000,000 and February 25, 2010.