beta
Text
1. The sales contract concluded on November 29, 2012 between the Defendant and B on the share of 1/2 of the real estate stated in the separate sheet between the Defendant and B is 79,203.
Reasons
1. Facts of premise;
A. (i) the existence of a loan claim (i.e., the loan claim) was transferred to B, on July 25, 201, KRW 30,000,000, and KRW 20,000 on December 6, 2011, the Korea CTR Bank loaned the loan claim (hereinafter “instant loan claim”) to the Plaintiff on September 25, 201, and completed the notification of the assignment of the credit to B on October 21, 2014.
The Plaintiff filed a payment order against B with this Court No. 2014 tea48046 and received a payment order from this Court on January 27, 2015, and the said payment order became final and conclusive on March 14, 2015 without objection of B.
B pay to the Plaintiff 67,677,809 won and 50,000,000 won among them, 18% per annum from December 19, 2014 to February 27, 2015, and 20% per annum from the next day to the day of full payment.
B. (1) During the process of B’s disposal and cancellation of the right to collateral security (B), B and C provided real estate in the attached Form, which is owned by them (B 1/2 shares, “B shares”) as the water collateral, as the water collateral, to the Korean C&C Bank on March 11, 2005, the maximum debt amount of KRW 72,000,000, and the establishment registration of collateral security (hereinafter “mortgage registration”).
B and C sold the above real estate to the Defendant on November 29, 2012 (hereinafter “the instant sale”). On December 24, 2012, B completed the registration of ownership transfer on the said real estate to the Defendant, but B was in excess of the obligation at the time.
Article 28(1) of the Civil Act provides that “The registration of collateral security of this case shall be revoked on January 21, 2015,” and the registration of collateral security of this case shall be revoked on January 21, 2015, and the market value of the real estate shall be KRW 495,00,000 at the time of the closing of the argument in this case.
C. On October 2, 2014, the first preliminary injunction, the Plaintiff’s lawsuit, and the remaining principal and interest (i.e., Samsung Card Co., Ltd.) filed a claim against the Defendant to cancel the registration of ownership transfer on the ground of the cancellation of fraudulent act on October 2, 2014, with respect to the said real estate as a preserved right, the provisional injunction registration is below the provisional injunction registration.