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1. The sales contract concluded on September 7, 2017 between the Defendant and C with respect to the real estate listed in the separate sheet is limited to KRW 99,902,70.
Reasons
1. Facts of recognition;
A. On July 10, 2019, the Suwon District Court rendered a judgment to serve public notice as to the causes of the claim as shown in the attached Form in the Plaintiff’s case on July 10, 2019 that “C Department D jointly and severally pays to the Plaintiff 5% per annum from August 25, 2016 to July 10, 2019, and 12% per annum from the next day to the day of full payment.” The above judgment became final and conclusive on July 26, 2019.
B. C entered into a sales contract (hereinafter “the instant sales contract”) with the Defendant, who is the birth partner, on September 7, 2017, with respect to the real estate listed in the separate sheet of KRW 255,00,000 (hereinafter “instant real estate”), which is the only property between the Defendant and the Defendant, and completed the registration of the transfer of ownership on September 12, 2017.
(c)
At the time of the instant purchase and sale contract for the acquisition of the obligation to collateral security, the instant real estate had been subject to collateral security (hereinafter “mortgage on two occasions”) that was registered on July 9, 2014, both E, debtor C, and the maximum amount of 42,00,000 of the claims (hereinafter “one time collateral security”) and F, debtor C, and the maximum amount of claims 156,000,000 of the collateral security (hereinafter “second time collateral security”) registered on May 27, 2015.
On September 26, 2017, the Defendant assumed charge of the secured debt 34,847,331 won, and completed the registration of the change of the collateral to the debtor on September 28, 2017. On October 2, 2017, the Defendant assumed KRW 120,249,963 of the secured debt 120,249,963, and completed the registration of the change of collateral security to the debtor on October 16, 2017.
[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1, 3, 5, and 6, the result of the order to submit each financial transaction information to F Co., Ltd. and Eul, the result of this court's order to submit taxation information to Pyeongtaek si Office, the result of inquiry about the court's computerized information management support in this court's computerized information management.