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1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. Basic facts
A. On September 1, 2009, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) lent the amount of KRW 1350 million to D several times from September 1, 2009 to the end of the month from the date of repayment, and the amount of only part of D was collected even after the maturity period has expired, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) received a favorable judgment against D on November 20, 2014 that “D shall pay the Plaintiff KRW 65,300,000 and the amount calculated at the rate of KRW 20% per annum from July 3, 2014 to the date of full payment.” The above judgment became final and conclusive at that time.
B. The Selected E lent money to D several times from 2006, but on May 19, 2009, the amount of the claim was determined as KRW 195 million and paid KRW 100 million.
Since then, as D did not pay the remaining amount, E filed a lawsuit against D for the repayment of loans by the Seoul Central District Court 2012Da114293, Sept. 6, 2012, the Appointor E received a favorable judgment with the purport that “D shall pay to Appointor E the amount of KRW 95 million and the amount calculated by the rate of KRW 20% per annum from July 25, 2012 to the date of complete payment,” and the above judgment was finalized on September 22, 2012.
C. On May 6, 2011, the registration for the transfer of ownership in the name of C arising from the sale on March 9, 201, as Seoul Central District Court’s receipt No. 29675, the Seoul Central District Court completed the registration for the transfer of ownership in the name of C on May 12, 201, with the Seoul Central District Court No. 305, No. 30515, May 6, 201, as to the real estate listed in the separate sheet (Seoul Gangnam-gu G building 403 and 404 integrated, and became 402, such as the real estate listed in the separate sheet; hereinafter “instant real estate”); and thereafter, the registration for the transfer of ownership in the name of the defendant was completed on May 12, 2011.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 8, 11 (including branch numbers, hereinafter the same shall apply) and Eul evidence Nos. 4-5 and 6.