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1. Compulsory execution against the Defendant’s Plaintiff at the Jeju District Court on March 22, 2018, based on the payment order No. 2018Guj1229 dated March 22, 2018.
Reasons
Basic Facts
The defendant who entered into a contract for the borrowing of money by the plaintiff is a person who engages in credit business in the name of "D" in Jeju City.
On August 1, 2013, the Plaintiff borrowed KRW 150,000,000 from the Defendant on August 1, 2013 on August 30, 2013, with an overdue interest rate of KRW 39% per annum (hereinafter “first debt”), and E guaranteed the Plaintiff’s debt on the same day.
On the other hand, the Defendant entered into a contract with the Plaintiff on the same day, and each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) to sell to the Defendant KRW 2,00,000,000,000, and completed the provisional registration of the right to claim ownership transfer as of August 1, 2013, the Seopo District Court of Jeju, Seopo, Seopo, District Court No. 32710 on each of the said real estate.
On September 30, 2013, the Plaintiff borrowed KRW 50,000,00 from the Defendant on October 29, 2013, at the overdue interest rate of 39% per annum (hereinafter “instant debt”) and E and F on the same day.
When the Plaintiff was unable to repay the instant claims Nos. 1 and 2, the Defendant, on September 16, 2013, drafted a sales contract with the Plaintiff and the instant real estate amounting to KRW 1.83 billion with the total purchase price of KRW 1.83 billion. On the following day, the Plaintiff completed the registration of ownership transfer based on the provisional registration of the instant case as Seopo District Court No. 39370, Sept. 16, 2013, based on the provisional registration of the instant case.
On the other hand, at the time of concluding the aforementioned purchase and sale contract with the Defendant, the Plaintiff had a debt of 1,00,000,000 won for loans to the G Association, and a debt of 430,000,000 won for loans to the H Association. On July 24, 2013, regarding the instant real estate among the instant real property, the establishment registration of a collateral security with regard to the H Association as the mortgagee, the maximum debt amount of KRW 59,00,000 for the instant real property, and the establishment of a collateral security with regard to the remaining real property as the mortgagee, the maximum debt amount of KRW 1,30,00,000 for the remainder of the real property.