양수금
1. The Defendants are jointly and severally and severally liable to the Plaintiff for 172,408,148 won and 5% per annum from July 22, 2014 to February 7, 2017.
1. Basic facts
A. On February 26, 2014, Nonparty D Co., Ltd. (hereinafter “D”) entered into a contract with the Defendant Limited Company (hereinafter “Defendant B”) to sell KRW 317 million (hereinafter “instant contract”) the land for the E factory site, KRW 4317 square meters, and KRW 930 square meters of F forest land (hereinafter “instant two parcels”).
B. On February 26, 2014, Defendant D and Defendant B confirmed the instant real estate sales balance as KRW 287 million (the amount obtained by deducting KRW 30,000,000,000,000,000,000,000,000,000 as the contract deposit) and agreed to pay the sales balance at the same time as the settlement of the instant real estate E’s provisional seizure among the instant real estate is settled, and Defendant C is not a “Defendant C” of the Defendant limited liability company.
The defendant B made a joint and several guarantee for the obligation to pay the balance of the purchase and sale to the defendant B D.
C. On February 27, 2014, D, on the following day, completed the registration procedure for ownership transfer in the name of Defendant B regarding the instant real estate, and as a result, D’s provisional seizure in the name of G and provisional seizure in the name of H (hereinafter referred to as “the provisional seizure in the instant case”).
(D) On July 21, 2014, the registration was revoked on the ground of revocation. D) On the other hand, despite D’s demand, only KRW 113,097,612 (the amount of D’s collateral security obligation established on the instant real estate, and cancellation on August 11, 2014) out of KRW 287,000,000,000, D filed an application for provisional seizure of real estate (173,902,38) with the Jeonju District Court’s military branch branch on the instant real estate as the claimed amount of KRW 173,902,38,00 on October 22, 2014, and the court accepted it on the same day. D transferred the remaining amount of the instant sale on April 10, 2015 to the Plaintiff on the day of the transfer, and D’s entire statement on the transfer of the claim was included in B’s evidence No. 13301, Mar. 15, 2015>