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1. Defendant B’s KRW 295,520,133 as well as 5% per annum from July 31, 2014 to November 9, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. On December 30, 2004, the Plaintiff completed the provisional registration of the right to claim for ownership transfer registration under the Seodaemun-gu Seoul Western District Court Registry No. 47647 on Dec. 30, 2004 with respect to the Plaintiff’s house of 132 square meters in Seodaemun-gu Seoul, Seodaemun-gu D and its ground-based single-story (hereinafter “instant real estate”).
Defendant B, based on the above provisional registration on December 15, 2005, completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) under the receipt No. 49791 on December 15, 2005 of the Seoul Western District Court’s Seodaemun District Court’s receipt on December 15, 2005.
B. At the time of completion of the registration of ownership transfer of the instant real estate, the registration of establishment of a collateral security company E, the debtor, the maximum debt amount of 115,700,000, and the registration of establishment of a collateral security company F, the debtor, the debtor, and the maximum debt amount of 30,000,000, were completed respectively.
On April 24, 2006, Defendant B subrogated for 26,754,630 won of the secured debt under the name of F.F.
In addition, Defendant B paid for KRW 61,230,284 (including the intermediate repayment fee of KRW 1,199,940) on October 27, 2006 among the secured debt under the title of the right to collateral security (including the intermediate repayment fee of KRW 1,199,940), and KRW 21,975,527 on April 8, 201 to G Co., Ltd. (hereinafter referred to as “G”).
C. Around May 24, 2014, Defendant C returned KRW 40,000,000 to H, a lessee of a detached house, among the instant real estate.
Defendant B sold the instant real estate to I and J on May 24, 2014, and completed the registration of ownership transfer on July 31, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 5 to 9 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The plaintiff's assertion
A. The Plaintiff entered into a title trust agreement with Defendant B on the instant real estate, and thereby, Defendant B.