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1. The Defendants jointly and severally agreed with the Plaintiff KRW 73,89,135, and 5% per annum from May 16, 2013 to July 25, 2014.
Reasons
1. Basic facts
A. On November 16, 2006, a National Bank Co., Ltd. (hereinafter “National Bank”) granted a loan of KRW 55,00,000 to C (the last address: D), and the Plaintiff acquired the outstanding principal and interest on the said loan from a National Bank prior to the transfer of the outstanding principal and interest on the loan, and has a claim of KRW 211,919,439 against C as of February 17, 201.
B. From December 15, 2006, C owned the real estate indicated in the separate sheet (hereinafter “instant apartment”). On the same day, C completed the registration of the establishment of a neighboring mortgage of the mortgagee, Gwangju Bank Co., Ltd. (hereinafter “Gwanju Bank”), the maximum debt amount of 58 million won, on the same day. However, C completed the registration of the establishment of a neighboring mortgage of the instant apartment with respect to the registration of the establishment of a mortgage of KRW 30 million on July 8, 2008, and again completed the registration of the establishment of a neighboring mortgage of KRW 55 million on March 19, 2012.
C. On May 17, 2012, the Plaintiff filed a lawsuit against Defendant B seeking the cancellation of the registration of the establishment of the right to collateral security as a fraudulent act on the ground that the contract for the alteration of the right to collateral security, which increased the maximum debt amount of the right to collateral security, was filed against Defendant B (Seoul Eastern District Court 2012Da27477), and was awarded a favorable judgment on April 11, 2013, and this judgment became final and conclusive on May 4, 2013 due to C and Defendant B’s failure to file an appeal.
C On May 13, 2013, concluded a sales contract with Defendant A to sell the instant apartment in KRW 120,000,000, and completed the registration of ownership transfer on May 16, 2013.
On the same day, the registration of the establishment of the neighboring mortgage of the Gwangju Bank was cancelled due to the cancellation, and the registration of the establishment of the neighboring mortgage and the registration of the alteration was cancelled on the ground of the termination.
E. Defendant A is with E on June 6, 2013.