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1. On May 29, 2015, the Defendant received on May 29, 201 from the Jeonju District Court Branch Branch of the Eup with respect to real estate stated in the attached list.
Reasons
1. Basic facts
A. On May 29, 2015, the Plaintiff completed the registration of establishment of a collateral security (hereinafter “mortgage security”) with respect to the real estate (hereinafter “instant real estate”) indicated in the separate sheet owned by the Plaintiff, the obligee, the Nonparty Company, and the maximum debt amount of KRW 165,00,000, with respect to the real estate (hereinafter “instant real estate”) indicated in the separate sheet owned by the Plaintiff, the Plaintiff, and the Nonparty Company.
B. On September 2, 2015, the Defendant entered into a contract with the Nonparty Company on the transfer and takeover of the claim for construction price of KRW 165,00,000, which the Nonparty Company had against the Plaintiff (hereinafter “transfer of claim”). On September 3, 2015, the Defendant completed the additional registration prior to the right to collateral security based on the transfer of the confirmed claim as of September 2, 2015.
C. Meanwhile, the Plaintiff paid Nonparty Company KRW 151,00,000,000 on May 22, 2015, and KRW 10,000 on September 1, 2015, and KRW 15,00,000 on September 24, 2015, and KRW 8,000,00 on November 13, 2015, respectively.
On March 8, 2017, the Plaintiff deposited KRW 67,00,000 pursuant to the latter part of Article 487 of the Civil Act, stating that “The Plaintiff cannot know who was notified of the transfer of credit between the non-party company and the Defendant,” and the fact of the cause of deposit.” The Plaintiff deposited KRW 67,00,000 pursuant to the latter part of Article 487 of the Civil Act.
[Reasons for Recognition] Gap evidence Nos. 1, 3, 4, 5 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 2 and 3, and the purport of the whole pleadings
2. On May 22, 2015, the Plaintiff asserted that the Plaintiff had to pay to Nonparty Company KRW 250,000,000, and paid KRW 151,000,000 (including KRW 1 million in the name of the withdrawal of provisional attachment and the creation cost of collateral security) on the same day, and created the instant collateral security in order to secure the remainder of KRW 100,000,000,000, and thereafter, KRW 33,000,000 by November 13, 2015.