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1. On September 18, 2017, between Defendant B and Nonparty D, the Daegu-gu E building and the coffee shop concluded on September 18, 2017.
Reasons
1. Facts of recognition;
A. On February 7, 2017, the Plaintiff invested the amount of KRW 147 million in the amount of KRW 100,000,000,000,000 to D with respect to the land of JJ in the Gandong-gun, Chungcheongnam-do (hereinafter “instant investment”).
(2) On September 15, 2017, D, in lieu of the return of the instant investment amount, made a contract with the Plaintiff on a minimum of 20% of the profit. (2) D, in entering into a sales contract with the Plaintiff with respect to the instant building (hereinafter “instant L”) and the instant building (hereinafter “instant building”), the amount of the instant investment was appropriated as part of the sales price, when entering into a sales contract with the Plaintiff on September 15, 2017.
(3) The sales amount of the instant sales contract was KRW 1.5 billion, and the loan amount was KRW 1.05 billion, but the actual principal of the loan seems to have been KRW 1.55 billion.0 million. The actual principal of the loan was succeeded to KRW 1.550 million, and the deposit was deducted from the balance of the loan amount. As a special agreement, D set forth that D set up a collateral security interest on the instant land and the obligation to P during the exercise of the right of retention on other buildings without fulfilling the special agreement of the instant sales contract, and died on September 25, 2017, and eventually, D and D sold the instant land under the name of the Plaintiff, thereby failing to perform the ownership transfer registration.
B. On September 18, 2017, D entered into a contract on the transfer and takeover of rights between Defendant B and the Defendant B with respect to the instant E-building and FG coffee shop (hereinafter “instant shopping mall”) with Defendant B, the former wife, to which KRW 100 million is KRW 100,000,000 for the premium (including deposits and the entire facilities).
(hereinafter “instant acquisition agreement”). Defendant B is a premium to D.