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1. The Defendant and A entered into a contract on May 26, 2014 with respect to one-half shares of 172,214 square meters of forest land B in Pakistan.
Reasons
1. Basic facts
A. The Plaintiff’s claim 1) C against A is the Incheon District Court 2012Gahap12241, which stated that “the Defendants jointly and severally pay to the Plaintiff KRW 1,371,69,545 and delay damages therefor,” and filed a lawsuit against the Plaintiff under the Incheon District Court 2012Gahap12241, the Defendants paid KRW 840,831,210, and delay damages therefor from the above court on December 30, 2014.
2. The plaintiff's remaining claims are dismissed.
(B) The appellate court (Seoul High Court 2015Na6618) rendered a judgment that “A, etc.’s appeal was partially accepted, and on November 27, 2015, rendered a judgment that “1. Defendants are dismissed against each Plaintiff on February 2, 2015,” and that “A shall pay to each Plaintiff the remainder of the Plaintiff’s claim.” The judgment became final and conclusive as follows. (2) The Plaintiff’s claim acquisition of the Plaintiff’s claim was transferred to D on February 28, 2015.” (i) On March 5, 2015, the notice of assignment was served to A on March 5, 2015.
(1) On November 17, 2015, a notice of assignment of claims to A was served to the Plaintiff on November 17, 2015, with the exception of KRW 400 million transferred to D (the notice of assignment of claims was served to A on December 10, 2015).
(B) Meanwhile, on July 3, 2015, D transferred KRW 250 million out of the judgment amount of KRW 400 million that it acquired from C to the Plaintiff, and the notice was served to A on December 10, 2015.
B. A’s establishment of a collateral security right 1) A, along with his birth, shall be 172,214 square meters of B forest land in Pakistan-si (hereinafter “instant land”).
2) On May 26, 2014, E was loaned KRW 140 million from the Defendant on May 26, 2014. At the time, A provided the Defendant with the 1/2 share of the instant land as a physical collateral, and accordingly, A provided the Defendant with the 1/2 share of the instant land on May 26, 2014.