beta
Text
1. As to real estate listed in the separate sheet:
A. It was concluded on October 11, 2017 between Defendant B and D.
Reasons
1. Facts of recognition;
A. On July 12, 2017, the Plaintiff purchased land E in the window of Changwon-si and its ground and completed the registration of ownership transfer. At the time of purchase, D, by August 1, 2017, provided that a lessee shall be appointed as a director of the said house until August 1, 2017, and if the Plaintiff fails to comply therewith, it would pay the Plaintiff KRW 724,00 per day (hereinafter “instant undertaking”).
B. As the lessee of the instant apartment was not handed over by August 1, 2017, around September 2017, the Plaintiff filed an application for provisional seizure of real estate against D’s preserved claim amounting to KRW 20,996,000, and the provisional seizure of real estate was decided by the court on the provisional seizure of real estate and completed on September 6, 2017.
C. Meanwhile, as to the apartment of this case with Defendant B, D entered into a mortgage agreement with the maximum debt amount of KRW 175 million on October 11, 2017 (hereinafter “the first priority mortgage agreement”), and completed the registration of the establishment of a neighboring mortgage (hereinafter “the registration of establishment of the first neighboring mortgage”) as No. 18963 on October 11, 2017 with the Jung-gu District Court registry office (hereinafter “the registration of establishment of the first neighboring mortgage”) and completed the registration on October 18, 2017 with the above registry office (hereinafter “the instant contract”).
In addition, on October 12, 2017, D concluded a mortgage agreement with Defendant C on the basis of the maximum debt amount of KRW 150 million with respect to the instant apartment (hereinafter “second priority mortgage agreement”) and concluded a mortgage agreement with Defendant C (hereinafter “second priority mortgage agreement”), including the first and second priority mortgage agreement, and the said sales agreement, (hereinafter “each of the instant contracts”) and completed the registration of establishment of a neighboring mortgage (hereinafter “the registration of establishment of a second priority mortgage”) with the old Government District Court No. 19216, Oct. 12, 2017 as of October 12, 2017.
E. D At the time of conclusion of each of the instant contracts around October 2017.