청구이의
1. The part against Defendant B in the judgment of the first instance shall be revoked;
2. The Seoul Southern District Court against Defendant B’s D.
1. Basic facts
A. A, on October 9, 2009, lent KRW 57 million to D at the rate of delay damages per annum 21% per annum and October 9, 2014 at maturity.
D has lost the benefit of time due to delinquency in payment of interest after September 8, 2010.
B. On May 9, 201, Defendant B entered into a pre-sale agreement with respect to purchase and sale of ten parcels of real estate (hereinafter “D-owned real estate”), including the purchase price of KRW 80 million, pre-sale deposit amount of KRW 40 million, and the date of completion of sale and purchase as of May 8, 2013. On May 11, 201, Defendant B completed the provisional registration of ownership transfer and the provisional registration of ownership transfer claim as to each of the above parcels of real estate.
On May 9, 2011, Defendant B remitted KRW 40 million to D in accordance with the above trade reservation.
C. The Plaintiff filed a lawsuit with Busan District Court No. 2012Kadan38618 against D, and against Defendant B seeking the revocation of sales reservation and the implementation of the provisional registration cancellation registration procedure on the ground that the aforementioned pre-sale agreement constitutes fraudulent act. On July 15, 2014, the court rendered a judgment that “D shall pay to the Plaintiff 67,477,371 won and the amount of KRW 57,00,000 per annum 21% per annum from May 3, 2012 to the date of full payment.” As to Defendant B, the court affirmed the above claim of the Plaintiff on the ground that Defendant B did not dispute the Plaintiff’s claim.
Of the above judgments, the part of Defendant B was finalized as it is, and D’s appeal (Supreme Court Decision 2014Na44663) and appeal (Supreme Court Decision 2015Da20837) were dismissed, which became final and conclusive on June 21, 2015.
D While serving as an employee of Defendant C from July 1, 2001, the Defendant C applied for advance payment due to economic difficulties on April 25, 2013. From January 2015 to August 18, 2015, the Defendant C prepared and submitted an advance payment application stating that “The advance payment shall be refunded KRW 36 million in total, from January 18, 2015,” and on July 20, 2013, the sum of KRW 30 million from Defendant C is as follows: < Amended by Presidential Decree No. 24206, Jul. 20, 2013>