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1. The Plaintiff’s primary claim against Defendant C, D, and B, Defendant B, E, F, G, and H, Defendant G, and Defendant G.
Reasons
1. Basic facts
A. On September 14, 2017, the Plaintiff and Defendant E entered into a sales contract with the Plaintiff and the buyer for the purchase price of KRW 611,00,000,000 for the purchase price, and KRW 561,00,000 for the contract payment, and the remainder payment of KRW 561,00,000 for the contract payment, and the Plaintiff received KRW 50,000,000 for the down payment from Defendant E on the same day.
B. On November 28, 2017, Defendant F, the agent of Defendant E, paid KRW 31,00,000 to the Plaintiff regarding the above sales contract with the Plaintiff on November 28, 2017, and entered into an additional contract extending the remainder payment date on December 31, 2017. The Plaintiff received KRW 31,00,000,000 from Defendant F on November 29, 2017.
C. On December 28, 2017, around May 1, 2017, the Plaintiff and Defendant B entered into a payment contract in lieu of the Plaintiff’s repayment of the principal amounting to KRW 600,000,000 and the interest amounting to KRW 11,00,000 from May 1, 2017 to December 28, 2017 (Evidence 5) to transfer the ownership of the instant real estate in lieu of the Plaintiff’s repayment of the principal amounting to KRW 60,00,000.
Defendant B paid KRW 530,00,000 in total on December 28, 2017. On the same day, the registration of ownership transfer was completed in Defendant B’s name on the ground of payment in kind on May 1, 2017.
E. On April 12, 2018, the establishment registration of the mortgage-backed property was completed with regard to the said real estate at Defendant DD (hereinafter “Defendant D”), the debtor B, the debtor, the maximum debt amount of KRW 1,170,000,000.
F. On April 13, 2018, the provisional registration of the right to claim ownership transfer based on the purchase and sale reservation made on April 12, 2018 was completed, and on August 10, 2018, the provisional registration was transferred to Defendant C on August 10, 2018.
[Ground of recognition] Unsatisfy facts, Gap evidence 1, 3, 4-1, 2, 5, 6-1 to 12, 8.