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1. As to the Plaintiff, Defendant A and Defendant B, jointly and severally, KRW 147,470,089 and KRW 145,374,139.
Reasons
1. Determination as to the claim against Defendant A and Defendant B
(a) Indication of claims: To be as shown in the reasons for the claims;
(b) Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act;
2. Determination as to the claim against Defendant C and Defendant D
A. Basic facts 1) As of July 20, 2018, the Plaintiff entered into a sales contract with Defendant C on January 29, 2018 with regard to the real estate listed in the separate sheet No. 1 (hereinafter “real estate No. 1”) with Defendant C (hereinafter “instant first sales contract”), and completed the registration of transfer of ownership in the name of Defendant C as of January 29, 2018, as of January 29, 2018, under which the Plaintiff completed the registration of transfer of ownership in the name of Defendant C with regard to the real estate No. 1 under the name of the Incheon District Court as of January 29, 2018. At the time, the market price of the instant real estate No. 1 was KRW 136,578,00,000, and the secured amount was KRW 48 million,000,000,000,000 of the secured debt.
3) On February 5, 2018, Defendant B and the real estate listed in the separate sheet No. 2 attached hereto (hereinafter “instant real estate”).
2) As to the sales contract, the sales contract consisting of KRW 145 million (hereinafter “the second sales contract of this case”)
(4) On the same day, Defendant B concluded the registration of ownership transfer in the name of Defendant D with respect to the instant real estate No. 2 as of the date of receipt of the Incheon District Court No. 44245, and completed the registration of ownership transfer under the name of Defendant D with respect to the instant real estate No. 2. At the time, the market price of the instant real estate No. 2 was KRW 172 million, and Defendant B had registered the establishment of a neighboring mortgage by a F organization with the secured amount of KRW 90 million.
[Ground for recognition - Unsatisfy, Gap evidence 2 through 11 (including each number; hereinafter the same shall apply)
(ii) evidence Nos. 1, 1, 2, 2, 3, 50
B. Determination 1 is subject to the obligee’s right of revocation under Article 406 of the Civil Act established by fraudulent act.