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1.(a)
D and Defendant B’s contract of KRW 100,000,000 entered into on May 15, 2014 shall be revoked.
B. Defendant B.
Reasons
1. Basic facts
A. The Plaintiff’s loan claim 1) D was married with E on May 23, 2007, but on February 6, 2015, the divorce mediation (Seoul Family Court 2015p. 300192) was established and divorced. The Plaintiff is the mother of E, and the Defendants are the parents of D. 2) around November 2, 2012, the Plaintiff lent the amount of KRW 100 million to D on December 20, 2012, KRW 200 million around December 20, 2012, KRW 200 million around March 8, 2013, KRW 100 million around January 2, 2014, and KRW 600 million on each month without setting the repayment period at the rate of 2% per month.
3) The Plaintiff filed a lawsuit against D with Youngcheon District Court, Youngcheon Branch Branching 2014Gahap422, and on February 12, 2015, the said court rendered a judgment that “D shall pay the Plaintiff KRW 600 million and its delayed payment damages,” and the said judgment became final and conclusive on March 3, 2015. (b) Each disposal disposition of D 1) 1), Jung-gu, Daegu-gu, and 168.6 square meters (hereinafter “the instant land”) were jointly owned by D and Defendant C, respectively, with 1/2 equity shares from November 6, 2006, and the building on the instant land (hereinafter “the instant building”) was newly constructed on November 5, 207, and thus registered for ownership preservation in D future.
2) Around April 22, 2014, D sells the instant land and buildings to KRW 835 million (hereinafter “instant sales contract”) between G around April 22, 2014 (hereinafter “instant sales contract”).
(3) On May 15, 2014, D concluded the instant land and building, and completed the registration of ownership transfer in the G, on May 23, 2014, D paid KRW 100 million out of the amount received from G during the instant sales contract (hereinafter “first payment”) to Defendant B on May 15, 2014, and paid KRW 39,958 million to Defendant C on May 23, 2014 (hereinafter “39,9580,000 won”), the payment of KRW 139.58 million out of the amount was “2-1 payment,” “the payment of KRW 260,000,000,000,000,000 to Defendant C,” and the payment of KRW 260,000,000,000 was referred in common.