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1. Revocation of a judgment of the first instance;
2. As to the real estate stated in the attached real estate list to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the representative director of C (hereinafter “C”) established for the retail of liquefied petroleum gas. The Defendant is a person who runs the wholesale and retail business of liquefied petroleum gas in the trade name of “G,” and D is a person who runs the gas retail business in the trade name of “E,” and the Defendant entered into a liquefied petroleum gas supply contract with C on February 2008 and supplied gas to C around that time.
B. On August 24, 2009, the Plaintiff entered into a mortgage agreement with the Defendant on the attached real estate owned by the Plaintiff (hereinafter “the apartment of this case”) with regard to the obligor C, the mortgagee, the Defendant, the maximum debt amount, KRW 130,00,00 with respect to the apartment of this case on August 25, 2009, with the aim to secure the obligation owed or to be borne by C with the Defendant within the scope of the maximum debt amount, and all obligations arising from the bills, check money, or commercial transaction, and the obligation arising from the commercial transaction. On August 25, 2009, the Plaintiff completed a mortgage registration agreement with respect to the apartment of this case on August 25, 2009 (hereinafter “the establishment registration of the mortgage of this case”).
C. On January 15, 201, the Plaintiff and D concluded a partnership agreement with the content that they jointly operate a liquefied petroleum gas collective supply business.
From January 5, 2012 to December 2011, the Defendant: (a) supplied liquefied petroleum gas to C; (b) created a new transaction code in the name of “E”; and (c) created a new transaction code in the name of “E”.
4. Until 25. 25. A total amount of gas equivalent to KRW 214,963,002 was supplied to D’s workplace, and a tax invoice was issued and delivered to D by the recipient.
E. Around September 3, 2012, around September 3, 2012, C fully pays the price of liquefied petroleum gas supplied to the Defendant, and requested the cancellation of the registration of establishment of the instant neighboring facilities, and the Defendant is not obliged to pay the price of liquefied petroleum gas supplied to D’s workplace.