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1. The plaintiff's lawsuit against the defendant C shall be dismissed.
2. As to each real estate listed in the separate sheet to D, Defendant B.
Reasons
1. Basic facts
A. On July 10, 2013, the Plaintiff: (a) sold the instant real estate in the name of the buyer E in the name of KRW 1.2 billion; (b) concluded a sales contract in which D, in part, part of the purchase price, would substitute for the repayment of secured debt under the right to collateral security (No. 13803, Jun. 10, 201, Daegu District Court registry No. 13803, Jun. 10, 201).
However, upon D’s request, the Plaintiff reported the purchase price in KRW 1.8 billion under the sales contract of this case, and agreed that the transfer income tax shall be borne by D.
D testified to the effect that “the actual owner of the instant real estate is G and the sales contract was concluded with G,” but the Plaintiff was registered as the owner in the certified copy of the register of the instant real estate, and the Defendants did not dispute the Plaintiff as the party to the instant sales contract. Therefore, the parties to the instant sales contract are deemed to be the Plaintiff and D.
B. On August 6, 2013, the Plaintiff completed the registration of ownership transfer for the instant real estate in the name of E according to the instant sales contract.
D) Upon receiving a loan from the Daegu-gu Saemaul Savings Depository in the name of debtor E on the same day, D completed the registration of creation of a neighboring mortgage (Seoul-gu Seoul-gu Saemaul Savings Depository, the debtor, and the maximum amount of debt 1.235 million won, with respect to the real estate in this case, the registration of creation of a new mortgage (the Daegu-gu District Court's registration No. 96620, Aug. 6, 2013).
In addition, D borrowed 2.5% of interest per month from F, who is the husband of Defendant C, to E on the same day, and 200 million won for the real estate in this case as the due date designated six months, and borrowed the mortgage-mortgage F, the debtor, and the maximum debt amount of 250 million won.