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1.(a)
C and the defendant A enter into a sales contract on January 29, 2018 with respect to the real estate listed in attached Table 1. List 1.
Reasons
1. Basic facts
A. The Plaintiff has a claim for reimbursement of KRW 232,837,874 as of April 20, 2018, such as the ground for the claim stated in attached Table 2. [Attachment 2] (the ground for claim for payment order against Plaintiff C) (as of April 20, 2018, including the Plaintiff’s claim for payment order).
B. On January 29, 2018, C entered into a sales contract with Defendant A on the real estate listed in paragraph (1) of [Attachment 1] as indicated in [Attachment 1] List (hereinafter “first sales contract”) with Defendant A, and completed the registration of ownership transfer under the name of Defendant A with respect to the real estate in the name of Incheon District Court No. 48348, Jan. 29, 2018.
At the time, the first real estate was registered as the establishment of a neighboring mortgage by the D Association (hereinafter referred to as the "D Association") which caused the secured debt amount of 48 million won.
C. On February 5, 2018, C entered into a sales contract with Defendant B on the real estate listed in paragraph (2) of [Attachment 1] as indicated in [Attachment 1] List (hereinafter “second-party real estate”) with Defendant B, and completed the registration of ownership transfer in the name of Defendant B on the same day as the date, Incheon District Court received No. 44245.
At the time, the second real estate was registered as the establishment of a neighboring E organization(E organization) that caused the secured debt amount of KRW 90 million. D.
As of January 29, 2018, C’s property and details of debts are as follows:
1) The fact that the first real estate value of KRW 139,68,000 2 2 176,000 real estate 139,668,000 2 2 176,000 2 3,000 3,000 Ga-dong, Jung-gu, Jung-gu, Incheon, 300,578,000 440,578,000 2) debts of financial institutions (won) 1,231,418,305 2 D 46,23,780 3 E organization 90,780 3 E Incheon Credit Guarantee Foundation 145,374,1374,1395 corporate credit bank 128,476,000 6H bank 139,50,000,000 association 50,007 0,007 130,01 or 301 of J evidence reply of each 20.
2. The establishment of a fraudulent act;
A. Civil Act.