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1. The defendant received KRW 1,826,206 from the plaintiff and then received real estate indicated in the attached Form from the plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in combination with the purport of the entire pleadings in the statements in Evidence A No. 1-2, Evidence A-1-5, Evidence B-1-2, and Evidence B-7:
From August 201, C, who is the Plaintiff’s father, operated the agent of D (hereinafter “D”) from around August 201, 201, and the Plaintiff completed the registration of the establishment of a mortgage (hereinafter “registration of establishment of a mortgage”) over the real estate indicated in the separate sheet (hereinafter “instant real estate”) with respect to C, a mortgagee D, a maximum debt amount of KRW 30 million on August 25, 201, as the Incheon District Court No. 83853 on August 25, 2011, with respect to the real estate (hereinafter “instant real estate”).
B. In order to secure the debt for the purchase price of goods to Edo Do Do Da, which invested in the instant agency business, the registration of the establishment of a mortgage over C, a mortgagee D, a maximum debt amount of KRW 70 million, was completed on December 27, 201, as the Incheon District Court No. 123509, which was received on December 27, 201, with respect to the building of 273.4 square meters and the second floor above ground (hereinafter “E real estate”).
C. Around April 2013, C discontinued the instant agency, and E repaid KRW 64,201,857 to C’s goods payment obligation. Accordingly, E completed the supplementary registration of partial transfer of collateral security right of this case on January 26, 2015, on the ground of the proportion of the value of the instant real estate (the value of KRW 100,50 million and the value of E’s real estate) out of the aforementioned repayment amount to the value of the instant real estate (the value of KRW 45,00,000).
E on June 11, 2015, on the ground of the transfer of confirmed bonds (transfer value 11,673,064 won) to the Defendant on June 3, 2015, E completed the supplementary registration of additional registration in the name of the above E.
2. The parties' assertion
A. When the Plaintiff’s assertion C closed down the instant agency, interested parties surrounding the said agency, such as C and E, were gathered and agreed. The content of the agreement is as follows.