beta
Text
1. The part of the judgment of the first instance against the defendant Seocho-gu Seoul Metropolitan Government shall be revoked;
Defendant Seocho-gu Seoul Metropolitan Government
Reasons
1. Basic facts
A. While the Plaintiff Company A (hereinafter “Plaintiff Company”) aims at management, financial consulting, etc., it is a company that actually engages in credit business. Plaintiff B engages in credit business under the trade name of “G,” and C also engages in credit business.
B. On April 8, 2013, the Plaintiffs entered into a contract with D to lend KRW 350 million (150 million ＋ Plaintiff Company 150 million ＋ Plaintiff B and C 100 million ＋ each of the instant loans (hereinafter referred to as “instant loan contract”) with the offering of F 132 square meters and 3140 square meters (hereinafter collectively referred to as “instant real estate”), which was owned by the Plaintiff during the period of 30 years for owning the instant real estate, and written a mortgage contract with the maximum debt amount of KRW 60 million and a superficies contract with the aim of owning a building and trees, and thereafter, the Plaintiff Company paid KRW 150 million to D with the Plaintiff Company, KRW 10 million for the Plaintiff Company, and KRW 80 million for the Plaintiff Company and KRW 92 million for the period of 30 million for the purpose of owning the instant real estate.
C. On April 8, 2013, upon delegation of the procedures for the registration of the creation of mortgage and superficies with respect to the instant real estate by the Plaintiffs, Defendant E submitted a mortgage contract, superficies contract, registration certificate, and F’s personal seal impression to the ASEAN registry office of the Daejeon District Court. Accordingly, on April 8, 2013, the registration of the establishment of a superficies (hereinafter collectively referred to as “each of the instant registrations”) was completed on April 8, 2013 with the maximum debt amount of KRW 60 million as of April 2064 of the receipt on April 8, 2013, as well as the registration of the establishment of a superficies for the purpose of possession of buildings and trees, the entire period of ownership of land, the entire duration of land, and the registration of the establishment of superficies (hereinafter referred to as “each of the instant registrations”).
Since then, F refers to the plaintiffs on June 14, 2013.