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The defendant on May 30, 2016, with respect to the real estate stated in the attached list to the plaintiff by the Jung-gu District Court of South Korea District Court.
Reasons
1. Basic facts
A. On May 27, 2016, C received a document for the registration of ownership transfer concerning the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff from the Plaintiff, but it was thought that C would complete the registration of ownership transfer to the Defendant for the purpose of the repayment of the Plaintiff’s obligation, and, even if D owner and the Defendant did not actually have the right to dispose of the instant telecom, C would exchange the instant telecom, which is in fact owned by the Defendant, through the Plaintiff’s husband F, with the Plaintiff’s right to registration of the instant real estate, and received a certificate of personal seal impression and seal impression issued by the Plaintiff as the Defendant.
B. Next, on behalf of the Plaintiff on the same day, C sold the instant real estate to KRW 230 million between the Defendant and the Defendant on behalf of the Plaintiff. Of these days, C concluded a sales contract to sell and purchase the instant real estate by mutual agreement to acquire the secured debt under the name of G Co., Ltd. (hereinafter “instant sales contract”) with the Plaintiff, in lieu of the total of KRW 60 million against the Defendant and the Defendant’s husband, and KRW 19 million, remitted the instant real estate to the account designated by C, and KRW 150 million to KRW 150 million. The amount of KRW 150 million is KRW 1752 million against the maximum debt amount in the name of G Co., Ltd. (hereinafter “instant sales contract”).
C. After May 30, 2016, C completed on behalf of the Plaintiff the registration of ownership transfer as stated in Paragraph 1 of the Disposition (hereinafter “instant transfer of ownership”) with respect to the instant real estate on the ground of the instant sales contract on behalf of the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 5 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence Nos. 3 and 4, and the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. Determination of the Plaintiff’s assertion of unauthorized Representation (1) The Plaintiff’s summary of the Plaintiff’s assertion is against C.