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1. Revocation of the first instance judgment.
2. The Defendant shall pay to the Plaintiff KRW 50,000,000 as well as its full payment from January 9, 2014.
Reasons
1. Basic facts
A. On April 6, 2009, the Plaintiff entered into a contract with D to purchase KRW 255,000,000 for the forest land 1,707 square meters in Gyeyang-gu, Seoyang-gu, Yangyang-gu. On May 28, 2009, the Plaintiff entered into a contract with D to purchase KRW 255,00,000.
B. ① On April 6, 2009, a written contract was prepared to purchase KRW 25,00,000 from I for purchase, and on May 28, 2009, the Plaintiff entered into an agreement to purchase KRW 255,00,000 for the said purchase price with respect to the four lots, including KRW 89,000,000 for 70,000 F forest land, KRW 622,000 for G forest land, ④ 292,000 square meters for H forest land, and KRW 1,707,000 for four lots, including KRW 291,00 for H forest land (hereinafter “C”).
C. As to each forest of this case for which the registration of ownership transfer has been made under the Plaintiff’s name, the registration of the establishment of a mortgage was completed on May 28, 2009, with the maximum debt amount of KRW 10,000,000, the debtor’s establishment of a mortgage against the Defendant, the mortgagee, and the mortgagee, and the maximum debt amount of KRW 600,000,000 on May 28, 2009, and the debtor, the debtor, the mortgagee, and the mortgagee K (the later mortgage was transferred to L) respectively.
With respect to each forest of this case, the procedure for the auction of real estate rent (hereinafter “the auction procedure of this case”) was conducted on March 25, 2010, and KRW 1,231,667,959 (i.e., interest in arrears of KRW 1,210,00,000) out of the proceeds of sale of KRW 21,67,959 (i.e., interest in arrears of KRW 21,67,959) paid out of the proceeds of sale of KRW 1,224,86,260, and the actual dividends of KRW 1,224,861,69 were limited to the amount of KRW 551,322,486, and the applicant creditor’s dividends amounting to KRW 260,00,000,000, and KRW 111,220,000,000, KRW 10,000 and KRW 231,2931,2936,00.