2...

A. On December 31, 2012, the Plaintiff was awarded a contract for the new construction of the commercial housing located in Kimhae-si, and received respectively a written agreement on the settlement of construction cost and a written statement on the performance of defect repair to receive KRW 50 million from C to December 31, 2013, stating that the construction work should be refunded KRW 20,000,000 from C around November 201, 2013, which was after the completion of the construction work.

B. C neglected to return the above over-paid construction cost and perform the defect repair work, and the Plaintiff filed an application for the payment order with the Changwon District Court 2014j2440,000 won of the above over-paid construction cost and the defect repair construction cost of KRW 50,000,000,000,000 for embezzlement 20,000 won for which C arbitrarily consumed subsidies to be paid to subcontractors in the course of the new construction work, and the payment order was issued at the Plaintiff’s request, and the payment order was finalized on October 29, 2014.

C. On February 4, 2014, C entered into a contract with the Defendant to sell real estate (hereinafter “instant real estate”) listed in the separate sheet (hereinafter “instant contract”) and completed the registration of ownership transfer on February 5, 2014 as to the instant real estate on the ground of the instant contract.

At the time of the conclusion of the instant sales contract, C has deposit claims in the NHF Bank in the amount of KRW 1,3281,177 equivalent to the market price of KRW 213,601,00 in addition to the instant real property, Kimhae-si 406, 2001, the market price of KRW 7 million, and KRW 1,300,000 in the amount of KRW 4,000 in the market price. On the other hand, C has deposit claims in the amount of KRW 90,000 in the Plaintiff’s debt amount of KRW 90,60,000 in addition to the instant real property; and on the other hand, C has deposit claims in the amount of KRW 3,281,17 in the market price.