소유권이전등기
1. Revocation of the first instance judgment.
2. The defendant shall provide to C Co., Ltd. (Representative D) each real estate listed in the separate sheet No. 1.
1. Basic facts and circumstances
A. On May 9, 2012, the Plaintiff, D, and C Co., Ltd. (hereinafter “C”) agreed to the effect that “The Defendant and C shall pay KRW 230 million to the Plaintiff by May 25, 2012, and the rate of delay damages shall be 20% per annum,” in settling the existing loans and the obligation for construction payment between the Plaintiff and C.
The plaintiff filed a lawsuit against D and C, and sentenced on August 23, 2013 to the Busan District Court Branch 2013Kahap1051, "C and D shall jointly and severally pay to the plaintiff 230 million won with interest of 20% per annum from May 26, 2012 to the date of full payment." The judgment became final and conclusive around that time.
(hereinafter referred to as the “right to C and D” of the Plaintiff, which became final and conclusive in the above judgment, is a claim, such as the amount of settlement of the case.
The instant real estate sales contract was prepared on April 5, 2012, stating that the Defendant would pay the remainder of KRW 50 million on May 15, 2012, as well as the remainder of KRW 50 million on June 1, 2012, when the Defendant purchased from C the real estate listed in the [Attachment 1] List (hereinafter “instant real estate”) for KRW 400 million, the down payment of KRW 170 million on the date of the contract, and the intermediate payment of KRW 180 million on the date of the contract.
(2) The registration of ownership transfer made on April 5, 2012 by C concerning the instant real estate from June 4, 2012 shall be completed. < Amended by Presidential Decree No. 23720, Apr. 5, 2012>
C. Insolvent C did not fully pay corporate tax since 2012, and most of the real estate owned was disposed of or disposed of through auction or sale of collateral rights during the second half of 2014 and the first half of 2015.
At the time of the closing of the instant case, there is no specific property owned by the real estate, the amount of which exceeds the officially announced value (a total of about 12 billion won) as the maximum debt amount (a total of 1.2 billion won), other than U.S. river 561 square meters and 116 square meters for AD gas stations in Chungcheongnam-si, Chungcheongnam-si.