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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On January 13, 2018, the Defendant entered into a sales contract with G to purchase E Apartment F (hereinafter “instant real estate”) at Silung-si (hereinafter “instant real estate”). On January 16, 2018, the Defendant entered into a lease contract with respect to B and the instant real estate with the term of lease KRW 250 million and the term of lease from January 25, 2018 to January 25, 2020 (hereinafter “instant lease contract”).
B On January 18, 2018, the move-in report was completed after obtaining a fixed date from the instant lease agreement.
B. B, as if it actually leased the instant real estate to D Co., Ltd. (hereinafter “D”), filed an application for a loan of the lease fund with the submission of the documents, such as the instant lease agreement, and D paid KRW 200 million to the Defendant on January 25, 2018.
(hereinafter “instant loan”). C.
From January 25, 2018 to January 24, 2020, the Plaintiff entered into an insurance policy with D to cover KRW 220 million with the purchase price of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the
The defendant on March 12, 2018 and the defendant
3. 13.13. Each of the right to collateral security with the maximum debt amount of KRW 2.4 billion and KRW 91.2 million was created and rendered to H Co., Ltd.
B, on February 2018, prior to the establishment of each of the above right to collateral security, transferred the pertinent real estate without permission, but transferred the pertinent right to collateral security again on July 31, 2018, which was after the establishment of each of the above right to collateral security, caused the loss of the first right to preferential payment regarding the instant right to collateral security, and the instant right to collateral security (B) caused an insurance accident, which becomes a subordinate claim than the above right to collateral security.
E. Accordingly, on March 26, 2019, the Plaintiff paid insurance money of KRW 200,474,739 (including interest on delay) to D.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 8 (including the serial number).