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1. All of the plaintiff's claims are dismissed.
2. As to the case of application for suspension of compulsory execution by this Court 2016 Chicago101
Reasons
1. Basic facts
A. On August 12, 201, C signed an agreement with D and E, stating that “In the event a stock company is liable for a debt amounting to KRW 2.49 billion to C, it shall dispose of 11 apartment units owned by AB to others,” and that “in the event a person obtains testimony in a litigation seeking revocation of speculative acts and provides documents, he/she shall distribute the remainder of the profit except for the costs of litigation at the rate of 350%, D30%, and E 20%” (hereinafter “instant agreement 1”).
B. Based on the instant agreement, C filed a lawsuit seeking revocation of speculative act against the Plaintiff, etc. who acquired an apartment from AB by transfer of the apartment from AB, on the basis of the instant agreement, (the Busan District Court Decision 2011Dahap21160, 201Gahap23708 (Counterclaim)). On March 7, 2013, the said court sentenced C to the effect that “the Plaintiff would pay the Plaintiff KRW 70 million and its delay damages to C,” and the appellate court (the Busan High Court Decision 2013Na3538) rendered a judgment dismissing the appeal on December 3, 2013, and the said judgment became final and conclusive around that time.
C. On June 26, 2014, the Plaintiff prepared a written agreement with C to the effect that “the amount of KRW 83,450,000, including the principal and interest of the above judgment and the costs of litigation, shall be determined as the amount of the claim. The Plaintiff shall pay C the amount of KRW 55,00,000 on June 26, 2014, and shall pay C the remainder of KRW 28,450,000 on December 31, 2014, with a maximum claim amount of KRW 37,00,000 on the real estate indicated in the separate sheet, to secure this, and shall create a collateral security (hereinafter “instant agreement”).
The Plaintiff paid KRW 55,00,000 to C on June 26, 2014 in accordance with the instant agreement. On August 5, 2014, with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”) by the court No. 44048, Aug. 5, 2014, the Plaintiff is below the registration of creation of a neighboring mortgage with regard to the mortgagee, the debtor, the person who created the right to collateral security, the Plaintiff, the maximum debt amount of KRW 37,00,000.