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1. The part against the defendant in the judgment of the first instance is revoked.
2. The defendant and D are 1/2. of 304m2.4m2.
Reasons
1. Facts of recognition;
A. D borrowed a total of KRW 66 million from the Plaintiff, and on February 20, 2014, D prepared and delivered a loan certificate (Evidence 1-1 of A) with a view to promising repayment by applying 10% interest per annum to the Plaintiff until the full payment is made.
B. D and East F jointly purchased the instant real estate E in Jung-gu, Daejeon District Court No. 22974, Apr. 14, 201, with respect to each of the following 1/2 shares (hereinafter “D ownership portion of the instant real estate”) (the instant real estate”), the Daejeon District Court completed the registration of ownership transfer as of April 14, 201 by receipt No. 22974.
C. On January 23, 2013, F sold the share of 1/2, the owner of the instant real estate, to the Defendant, and completed the registration of ownership transfer to the Defendant as the Daejeon District Court’s Daejeon District Court No. 4732, Jan. 29, 2013.
On April 14, 201, the Daejeon District Court completed the registration of the establishment of a collateral security (the maximum debt amount of KRW 540 million), the debtor F, and the Han Bank Co., Ltd.) with respect to the instant real estate, with the Daejeon District Court Daejeon District Court’s receipt of April 14, 201, under which the registration of the establishment of a collateral security (the maximum debt amount of KRW 540 million) was completed. On February 6, 2013, the Defendant completed the registration of the alteration of the right to collateral security (the registration of the alteration of the right to collateral security) to the
The actual amount of secured debt of the right to collateral security is KRW 424,542,72). E.
D With respect to the instant shares, the Daejeon District Court completed the registration of creation of a mortgage on August 2, 2013 with the debtor D, the maximum debt amount of KRW 92 million, and the mortgagee G, Daejeon District Court No. 45411, which was accepted on August 2, 2013.
F. On March 3, 2015, D and the Defendant made an agreement with D that “D shall sell the instant shares to the Defendant in lieu of the repayment of KRW 395.6 million against the Defendant (the sum of KRW 300 million against the Defendant’s debt amount of KRW 92 million plus that of KRW 92 million against G).”