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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
[Claim]
Reasons
Basic Facts
B on June 14, 2013, G sold to C the amount of KRW 1,050,000,000 of the purchase price, the amount of which was KRW 2,112 square meters (hereinafter “instant real estate”). On March 29, 2013, the debtor was set up a right to collateral security in the name of the YYY and the YYYY and the YYYAF, the amount of which was KRW 780,00,000, the amount of maximum debt was KRW 780,000.
B in receiving the purchase price for the instant real estate from C, the amount of KRW 3,770,00 as of June 17, 2013, out of KRW 436,343,020, which was transferred to its own account, was transferred to the Defendant’s account as of June 17, 2013, KRW 70,000 as of June 20, and KRW 10,000 as of July 3, 2013, and KRW 10,000 as of July 3, 2013 (Attached List 1, 2, and 3), ② C, on July 15, 2013, transferred KRW 613,656,980 as of the remainder of the purchase price to the Defendant’s account to the Defendant’s name and the Saemaul Bank’s loan account, and subsequently, C’s obligation to transfer the ownership of the instant real estate was cancelled as of March 1, 2016.
Meanwhile, on December 5, 2014, the director of the tax office under the Plaintiff-affiliated Tax Office decided and notified the payment deadline to pay KRW 472,854,390 for the transfer income tax for the year 2013, which was determined as of December 31, 2014, and B did not pay the said payment deadline until April 18, 2016, which included KRW 572,153,70 for the total amount of KRW 99,29,380 for the said payment deadline.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 20, Eul evidence Nos. 2 and 3, and the plaintiff's assertion as to whether the contract constitutes a fraudulent act as stipulated in Paragraph 4 of the annexed Table No. 4 of the annexed Table No. 1 to the purport of the whole pleadings, the plaintiff is the debtor of the right to collateral security in the name of the YYY and the Saemaeul Saemaul Depository, and Eul is merely the defendant and the property to secure another's property.