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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On January 28, 2015, the Plaintiff lent KRW 200 million to C at 24% per annum, 25% per annum, 25% per annum, and 28 July 28, 2015 (hereinafter “instant loan”).
B. On March 22, 2017, C sold each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant in total at KRW 7.8 billion (hereinafter “instant transaction”). The agreement was reached to pay the said sales amount as follows. At that time, the Plaintiff consented to the Defendant’s acceptance of the instant loan obligation.
Real Estate Sale Contracts (Evidence No. 4, No. 3)
2. Contract matters (1) Sales proceeds and methods of payment are as follows:
The purchase price of KRW 7.8 billion is KRW 5.34 billion (the F Bank principal and interest payment of KRW 2.5 billion in arrears) intermediate payment of KRW 2.5 billion (the balance of KRW 2.5 million in arrears) and KRW 2.55 million in the payment of KRW 7.5 billion (the title of real estate is March 10, 2017).
(3) A seller shall deliver documents required for the procedure for transfer registration of ownership to a purchaser simultaneously with the receipt of balance.
(5) Neither the collateral security nor the succession of the right to provisional seizure (the details of the collateral) - 2.25 billion won.
D. Succession to the Plaintiff’s loan obligation (200,000,000 won)
C. C On March 23, 2017, the Defendant completed each registration of the instant real estate transfer under the Seoul Central District Court’s Branch Registry No. 12517.
Each real estate of this case was sold in KRW 7,722,827,240 in the auction procedure of G real estate G in the Seoul Central District Court.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 3 and 4, the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the parties’ assertion asserts that the Defendant, while purchasing each of the instant real estate from C, purchased the instant real estate from C, acquired the instant loan obligations against the Plaintiff, and the Defendant is obligated to pay the Plaintiff the instant loan amounting to KRW 200 million and the damages for delay.
In this regard, the defendant's loan of this case is against the defendant.