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1.The judgment of the first instance shall be modified as follows:
The defendant shall provide each real estate listed in the separate sheet to the plaintiff.
Reasons
Basic Facts
G purchased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from C on October 8, 2002, and completed the registration of ownership transfer in the name of D Co., Ltd. (hereinafter “D”) it operated on October 9, 2002. From that time, G engaged in manufacturing business, such as V processing, from each of the instant real estate.
G completed the registration of creation of a collateral for each of the instant real estates with a maximum debt amount of 200,000,000 won, debtor D, and the Industrial Bank of Korea of the mortgagee. On November 22, 2004, G filed an application for voluntary auction on each of the instant real estates with the Daejeon District Court Seosan Branch on August 22, 2004. At the above auction procedure on August 5, 2005, G-type E, a relative to the instant real estate, received a successful bid of 200,200,000 won and paid the said price, and completed the registration of transfer of ownership on August 29, 2005.
Since then, on April 23, 2010, E completed the registration of the creation of a collateral security (hereinafter “instant collateral security”) with respect to each of the instant real estate as the maximum debt amount of KRW 195,00,000,000, the debtor J (G), and the Korea CTR Bank Co., Ltd. (hereinafter “Korea CTR Bank”).
G was traded with I (hereinafter “I”) operated by the Plaintiff’s mother H while operating D, and E completed the registration of transfer of ownership claim in the name of the Plaintiff in order to secure the Plaintiff’s obligation to GI on March 14, 201, and thereafter completed the additional registration before the provisional registration in the name of I on May 4, 2011.
(hereinafter “Provisional Registration of Security”). On July 21, 2014, the Plaintiff concluded a sales contract with E with respect to each of the instant real estate as KRW 250,000,000 (contract amounting to KRW 30,000,000 on the day of the contract, an intermediate payment of KRW 70,000,000 on the day of the contract, payment of KRW 70,000 on August 21, 2014, and the remainder of KRW 150,000 on September 5, 2014).
hereinafter referred to as "the case."