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1. With respect to the case of Goyang Branch C and D (Dual) auction of real estate, the above court on October 26, 2016.
Reasons
1. Basic facts
A. On November 12, 2012, the Defendant received the Plaintiff’s representative E and the Plaintiff’s management right at KRW 3 billion. However, on the date of the contract, the intermediate payment of KRW 50 million shall be paid on December 24, 2012, respectively, and on March 20, 2013, a medical corporation succession agreement with the effect that the Plaintiff shall accept the Plaintiff’s loan of KRW 2.1 billion on March 20, 2013 and pay the remainder of KRW 650 million (hereinafter “instant medical corporation succession agreement”).
(2) On November 12, 2012, the Defendant paid to E a down payment of KRW 50 million, and KRW 170 million,00,000,000,000 (the amount calculated by deducting KRW 30,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00
3) On March 20, 2013, the Defendant: (a) subrogated to F, a creditor of the Plaintiff’s loan, KRW 650 million; (b) transferred the loan claim amounting to KRW 650 million from F; and (c) on April 10, 2013, the Defendant transferred the loan claim amounting to KRW 650 million from F to F; and (d) on April 10, 2013, the Defendant was a parcel of land, other than KRW 1094 square meters for H miscellaneous land (hereinafter “each real estate owned by G”).
(A) In the case of Pakistan owned by the Plaintiff, I 796 square meters and above-ground buildings, J 95 square meters and above-ground buildings, and K 194 square meters and above-ground buildings (hereinafter “Plaintiff-owned real estate”).
(B) On March 10, 2013, the debtor, the mortgagee F, and the maximum debt amount of KRW 1 billion, each of which was completed with respect to the registration of the establishment of the mortgage on the ground of the transfer of the confirmed claim. (B) On June 10, 2013, the defendant seeks for “the first application for auction and the first conciliation (1)” against the plaintiff as the Seoul Northern District Court Decision 2013Gahap3877, stating that the representative E, by deceiving the plaintiff as if he did not have any intention to succeed to the board of directors, to enter into an agreement on succession with the defendant to the medical corporation of this case, and to receive the payment of KRW 220 million in total the down payment and the intermediate payment, and the payment of damages incurred therefrom.”