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1. The sales contract concluded on April 30, 2009 between the Defendants and F with respect to the Defendants’ forest G 31,934m2 in Pocheon-si. The sales contract was concluded on April 30, 2009.
Reasons
1. Facts of recognition;
A. A. On September 2006, new Korea Mutual Savings Bank (which was changed to the New Korea Mutual Savings Bank, Inc.) loaned KRW 2.14 billion to H at the interest rate of KRW 3.6% per annum, and on September 28, 2010 due date of payment, the F extended loans to H at the rate of KRW 1.482 million per annum, and the F extended comprehensive collateral guarantee to H’s obligations (including interest, delay damages, and other incidental obligations) within the limit of KRW 1.482 million per annum on the same day.
B. On September 19, 201, New Savings Bank transferred the claim for the above loans to H with respect to the Maritime Partnership Loan Co., Ltd., and the Maritime Partnership Loan Co., Ltd. and SSS. Asset Management Loan Co., Ltd. once transferred the above claim to the Kao Asset Management Loan. The Kao Asset Management Loan Co., Ltd. transferred the above claim to the Plaintiff on July 27, 201, and notified H on September 14, 201, and the above notice reached H on September 19, 201. The debt of H calculated as of September 14, 201 was KRW 730,197,184 by aggregating the principal and interest.
C. The Plaintiff filed an application for a payment order with the Seoul Southern District Court for jointly and severally seeking payment of the total amount of KRW 731,408,448 as of September 22, 201 and damages for delay of KRW 18% per annum for the principal amount of KRW 307,02,884 as of September 22, 201 with respect to H on October 15, 201, and with respect to H on November 22, 201, each of the above payment orders against F was finalized as of November 22, 201.
F’s father, I owned G 31,934m2 (hereinafter “instant real estate”) in Macheon-si, G 31,934m2 (hereinafter “instant real estate”), and died on September 12, 2008.
E. On February 5, 2009, the registration of inheritance in the name of J as to the third/7 shares in the instant real estate, and as to each of the two-seven shares in the instant real estate, F and K, respectively, was completed with respect to each of the two-seven shares in the instant real estate. On the same day, with respect to the said F shares in the instant real estate, KRW 70,000,000, and the debtor F.