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1. On September 5, 2013, the head of the office of the defendant and the non-party limited liability company entered in the separate list between the defendant and the head of the office.
Reasons
1. Basic facts
A. The Plaintiff’s claim 1) The Plaintiff’s claim against the head of the office of Nonparty limited liability company (hereinafter “the head of the office of Nonparty limited liability company”).
Around June 2003, around April 8, 2004, leased KRW 50 million to Nonparty Company, and KRW 660 million on April 8, 2004. On November 1, 2013, the due date for reimbursement of KRW 1.16 million was agreed between Nonparty Company and KRW 1.1 billion on August 28, 2013, with interest and delay damages at 10% per annum (hereinafter “instant loan”).
(2) On December 18, 2013, the Plaintiff applied for a payment order against Nonparty Company with Seoul Western District Court 2013 tea8235, and received a payment order from the above court to the effect that “The Nonparty Company shall pay the Plaintiff KRW 160 million and its delay damages.” The said payment order was finalized on February 25, 2014.
B. On September 5, 2013, the non-party company entered into a pre-sale agreement with the Defendant on each real estate listed in the separate sheet, and on September 6, 2013, the registration of the right to claim transfer of ownership was completed under Article 21869 (hereinafter “instant pre-sale agreement”).
(2) On November 6, 2013, the non-party company acquired the purchase price of each of the real estate listed in the separate sheet with the Defendant at KRW 1.97 billion, and entered into a sales contract with the Defendant to offset the amount of each of the real estate listed in the separate sheet by the amount of provisional seizure (the amount of KRW 60 million for the Plaintiff and provisional seizure) executed on each of the real estate listed in the separate sheet in lieu of the payment thereof, and the secured debt (the amount of KRW 200,000,000,000 Korean Bank, KRW 350,000,000,000,000, KRW 417,000,000,000,0000,000,000 won, D17,000,000,0000 won, and the balance was received on November 8, 2013 by Defendant 2619.
C. The non-party company which is insolvent of the non-party company is 2.2.