대여금 및 사해행위취소
1. The plaintiff's lawsuit against the defendant C shall be dismissed.
2. Defendant B: (a) KRW 476,570,000 for the Plaintiff and the Plaintiff’s February 2017.
1. Basic facts
A. On May 21, 2009, Defendant B revised the name “D” from “B” to “B”, and Defendant C is the starting point of Defendant B.
B. Defendant B borrowed a total of KRW 676,110,000 from December 4, 2006 to October 7, 2014 on several occasions from the Plaintiff and repaid KRW 199,540,00 among them.
C. The provisional registration of the right to claim ownership transfer under the name of Defendant C was completed on March 30, 2015 with respect to each real estate listed in the separate sheet in the separate sheet stating the particulars of the registration of each real estate in the separate sheet, but the provisional registration of the right to claim ownership transfer was completed on March 27, 2015 with respect to each real estate listed in Articles 1 through 17, 21, and 23 in the separate sheet stating that the right to claim ownership transfer was completed on June 3, 2015. On June 9, 2015, the ownership transfer registration under the name of Defendant C was completed on June 3, 2015 for each real estate listed in the separate sheet stating in the separate sheet stating that the ownership transfer registration was completed on June 9, 2015, and on June 9, 2015, the ownership transfer registration under the name of the Defendant C was completed on June 3, 2015.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1-23, Gap evidence 2-1, 2-2, Gap evidence 3-1-4, Gap evidence 4-1, and the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. The Plaintiff claimed against Defendant B lent to Defendant B a total of KRW 676,110,000 on several occasions from December 4, 2006 to October 7, 2014, and Defendant B repaid to the Plaintiff a total of KRW 199,540,000 from December 22, 2006 to April 18, 2013.
Therefore, Defendant B is obligated to pay to the Plaintiff KRW 476,570,000 (=676,110,000 - KRW 199,540,000) and damages for delay.
B. Defendant B bears the obligation to return the loan to the Plaintiff, while the claim against the Defendant C bears the obligation, each of the real estate listed in the separate sheet, which is the only property in excess of the obligation.