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1. The sales contract concluded on October 8, 2012 between the Defendant and C with respect to the real estate listed in the separate sheet is KRW 74,64,546.
Reasons
1. Facts of recognition;
A. On August 14, 2009, the Plaintiff filed a lawsuit against C with the Seoul Central District Court 2009Da304386, which sought payment of the price of goods, etc. on May 25, 2010, the said court rendered a judgment that “C shall pay to the Plaintiff the amount of KRW 70,383,00 and the amount at the rate of KRW 20% per annum from September 28, 2009 to the date of full payment,” and the said judgment was finalized on June 24, 2010.
B. On the other hand, on October 8, 2012, C sold the real estate listed in the separate sheet (hereinafter “instant apartment”) to the Defendant (hereinafter “instant sales contract”), and on the same day, C completed the registration of ownership transfer for the instant apartment to the Defendant.
C. On November 12, 2015, the Defendant concluded a contract to establish a collateral security with respect to the instant apartment with Han Bank (the maximum debt amount of KRW 720,000,000) (the secured debt of KRW 600,000), Han Bank Co., Ltd., and the debtor as the defendant. On the same day, the Defendant completed the registration of the establishment of the collateral security (hereinafter “registration of the instant apartment”).
C Around the time of the instant sales contract, there was an apartment house of this case, the market price of which is equivalent to KRW 890,000,000 (C had a considerable number of shares owned by Company D except the instant apartment house). However, it is difficult to view that the said shares were attached by other creditors E under an order of seizure of shares issued by Seoul Eastern District Court 2008, 2557, and there is no particular value for the foregoing shares to be attached by other creditors under an order of seizure of shares issued by the Seoul East Eastern District Court 2008, 200,000 as a small property.
[Ground of Recognition: facts without dispute; Gap evidence 1, 2, Gap evidence 7, 8, Eul evidence 1, 8, Eul evidence 18, Eul evidence 27, 28 (each entry including a branch number, and one tax office of Songpa-gu.).