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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On December 13, 2014, the Plaintiff entered into a contract with C (hereinafter “C”) under which the supply price was KRW 104,850,000 with respect to the apartment housing E-ho (hereinafter “instant apartment”) on the land outside Dong-gu, Nam-gu, Seoul and two parcels of land (hereinafter “instant apartment”).
(hereinafter “instant sales contract”). B.
C Co., on January 5, 2015, borrowed 104,850,000 won as of January 5, 2015 (hereinafter “the loan certificate of this case”) and drafted a receipt on January 12, 2015 by deeming that the sales price as stated in the above paragraph (a) was paid in full.
C. C: (a) on April 20, 2016, G:
On July 6, 2015, the registration of ownership transfer was completed on the apartment as stated in the port. D.
C On October 17, 2013, the registration of ownership transfer is completed on the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “land No. 1”) and on the H 2,749 square meters (hereinafter “land before subdivision”) in the voice-gun, Chungcheongnam-gun, Chungcheongnam-do before subdivision due to sale on August 20, 2013.
E. On June 12, 2015, C concluded a real estate security trust agreement with J Co., Ltd. (hereinafter “J”) as the first beneficiary and C as the beneficiary of the I Association (hereinafter “I”), with respect to the land 1 and the land before subdivision (hereinafter “instant trust agreement”). On June 18, 2015, C completed the registration of ownership transfer based on the said trust with the J as to each of the above land, and received a loan of KRW 1,480,000 from I, the first beneficiary.
F. On September 18, 2017, the land before subdivision was divided into each land listed in paragraphs 2 and 3 of the attached Table No. 2 and attached Table No. 3 (hereinafter “No. 2 land”; “No. 3 land”; and “each of the instant land, including the land No. 1.”
G. On September 1, 2017, C concluded a sales contract to sell each of the third land in KRW 1,192,80,000, and KRW 1,607,200,00, with the Defendant for KRW 1,607,20,000.
(hereinafter “instant sales contract”). H.
C On October 25, 2017, upon repayment of the loan principal of 1.488 million won and interest 15,286,575 won to I, and on the same day, the trust agreement with J as to each of the instant lands.