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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff’s preserved claim 1) from May 2016 to April 10, 2017, the Plaintiff left the processed metal products to D Co., Ltd., and the outstanding amount is KRW 50,328,763. 2) On August 30, 2017, C, the representative director of D Co., Ltd, prepared a letter of payment that “C, as a joint and several surety, shall pay the outstanding amount, KRW 50,328,763, as the outstanding amount, in five installments each month from the end of September 2017, 2017, as the outstanding amount, KRW 10,00,000,000 each month, but it shall lose the interest of the due date and immediately pay the outstanding amount.”
B. On October 24, 2017, the sales contract between C and the Defendants and the transfer of ownership, etc. of the instant real estate 1) C and their wife (i) sell the instant real estate owned by C and E to the Defendants for KRW 640,000,000 in the sales price (hereinafter “instant sales contract”).
(2) At the time of the conclusion of the instant sales contract, C concluded the registration of ownership transfer with respect to the Defendants on October 25, 2017. (2) At the time of the conclusion of the instant sales contract, C was in excess of the obligation exceeding the positive property.
3) On October 27, 2017, after the instant sales contract, Korea Bank Co., Ltd. (hereinafter “Korea Bank”).
(2) The registration of the right to collateral security established on July 8, 2016, of the debtor C and the maximum debt amount of KRW 539,000,000, and the registration of the right to collateral security (hereinafter “the right to collateral security”).
() The registration of collateral security established on June 22, 2017, the debtor C, the maximum debt amount of KRW 100,000,000, was revoked, respectively. [The fact that there is no dispute over the grounds for recognition, each description of evidence Nos. 1 through 4, Incheon Metropolitan City Office, Southern-gu Office, Incheon Metropolitan City Office, Bupyeong-gu Office, Bupyeong-gu Office, Yeonsu-gu Office, Yeonsu-gu Office, and the office of Yeonsucheon-do Office, the result of each taxation information submission order, the inquiry
2. According to the above facts of determination as to the cause of the claim, the Plaintiff’s joint and several liability claim against C, which is the preserved claim, was established prior to the instant sales contract.