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1. Of the instant lawsuit, the part of the claim against the real estate Nos. 1 and 2 of the Attached List shall be dismissed.
2. Between the Defendant and C.
Reasons
1. Facts of recognition;
A. On May 12, 2015, the Plaintiff acquired D’s claim for return of KRW 20 million from D to D on December 23, 2009 under the real estate lease agreement, and filed an application for payment order with Daejeon District Court No. 2017j4007 to C to seek payment of the above transfer deposit amount of KRW 20 million and delay damages therefor. The said court issued the payment order on July 21, 2017, stating that “C shall pay to the Plaintiff the amount calculated at the rate of KRW 20 million per annum from the day following the delivery of the original copy of the instant payment order, and the said payment order became final and conclusive around that time.”
B. On May 2, 2014, C and the Defendant entered into a promise to sell and purchase each real estate indicated in the separate sheet (hereinafter “instant promise to sell and purchase”) owned by C under the pretext of securing the obligation to borrow loans or payment in substitutes, etc., even though it was in excess of the obligation, and the Daejeon District Court completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) as of May 12, 2014, Daejeon District Court’s receipt No. 28010 on May 12, 2014.
Then, on November 14, 2014, C entered into a sales contract with the Defendant for each of the real estate listed in the separate sheet (hereinafter “instant sales contract”) and on the grounds of this, C concluded the ownership transfer registration (hereinafter “instant principal registration”) under the receipt of No. 67195 on November 19, 2014, as the principal registration based on the said provisional registration.
C. Furthermore, on September 20, 2012, on the attached list 1, 2012, the registration of creation of a neighboring mortgage consisting of KRW 1.8 billion with the maximum debt amount, KRW 1.8 billion with the debtor C, and KRW 151,517,195 with the repayment of the secured debt amount, and the cancellation of the registration of establishment of a neighboring mortgage.
On the other hand, the Korea Credit Guarantee Fund is Daejeon District Court 2015dan215219, and the F Co., Ltd. is Daejeon District Court.