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1. A notary public belonging to the Cheongju District Prosecutors' Office against the plaintiff was prepared on May 4, 2015 by the defendant's Cheong Pung Law Firm.
Reasons
1. Basic facts
A. As of February 29, 2012, the following registration was completed at the time of January 3, 2015 in the Cheongju-si, Seo-gu, Seo-gu (hereinafter referred to as the “instant commercial building”) No. 201, 206, and 207 (hereinafter referred to as the “instant building”) owned by the Defendant from February 29, 2012.
① On October 2, 2013, on the instant building, an agricultural cooperative carried forward to the mortgagee of the right to collateral security (hereinafter “CF”), a debtor D, the maximum debt amount of KRW 1.56 billion (hereinafter “existing loan obligation”) was completed.
② From among the instant buildings, at least 201 and 206, the provisional registration of the right to claim transfer of ownership was completed on October 30, 2013 due to the trade reservation. However, G with respect to the above 201 and 206, which was operating a restaurant leased from the Defendant, was completed the additional registration of the said right to claim transfer of ownership on December 8, 2014, in order to secure the refund of the lease deposit amount of KRW 80 million.
③ On October 31, 2014, the Defendant: (a) lent 202 commercial buildings to I by leasing them from H, the owner of the instant commercial building; and (b) on October 31, 2014, on 207 of the instant building, the ownership transfer claim registration was completed.
④ As to 201 and 206 of the instant building, the registration of provisional seizure by J on March 11, 2014 (Cheongju District Court Decision 2014Kadan723 provisional seizure, claim amounting to 55 million won), and the registration of provisional seizure by Cheongju-si on October 23, 2014, respectively, was completed.
⑤ On November 3, 2014, on the instant building, the registration of provisional attachment by C&C Co., Ltd (Cheongju District Court 2014Kahap533, and KRW 250 million) was completed on November 3, 2014.
B. Conclusion of the instant sales contract
1. Five to be observed by a seller shall have the part of attachment, provisional registration and provisional attachment in a building;