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1. Defendant B’s 61,307,560 won and 60,000,000 won among the Plaintiff’s 61,307,560 won annually from October 18, 2018 to May 31, 2019.
Reasons
1. Fact-finding;
A. On January 18, 2018, the Plaintiff loaned KRW 120,000,000 to Defendant B.
Defendant B lost the benefit of time on October 17, 2018, and partly offset the loan principal, the loan principal remains in KRW 60,000,000, interest 1,307,560 as of the same day, and the rate of delay in the agreement is 15% per annum.
B. On August 29, 2018, Defendant B entered into a pre-contract with Defendant C to sell and purchase each real estate listed in the separate sheet No. 1, and completed the provisional registration of the right to claim ownership transfer under the Seosan Branch of Daejeon District Court No. 33629 on August 31, 2018.
C. On August 29, 2018, Defendant B entered into a pre-sale agreement with Defendant D on August 29, 2018, and completed the registration of the right to claim the transfer of ownership under the receipt No. 33630 of Seosan Branch of the Daejeon District Court on August 31, 2018.
At the time of the conclusion of the above trade reservation and the provisional registration for the right to claim ownership transfer, there was no other property against Defendant B.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Determination
A. Defendant B is obligated to pay to the Plaintiff 61,307,560 won and 60,000,000 won with 15% per annum from October 18, 2018 to May 31, 2019, and 12% per annum from the next day to the day of full payment.
B. Defendant B, who has no other property, entered into a pre-sale agreement on the real estate listed in the separate sheet No. 1 and completed the provisional registration of the right to claim ownership transfer registration, is a fraudulent act detrimental to the Plaintiff, who is the obligee, and Defendant B knew that this is a fraudulent act. The bad faith of Defendant C and D is presumed.
Defendant C and D have a claim to be repaid from Defendant B.
Even if the defendant B completed the provisional registration of the right to claim ownership transfer of real estate against the defendant C and D, some of the creditors, it becomes a fraudulent act against the other creditors, and there is evidence to recognize the good faith of the defendant C and D.