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1. Defendant B paid to the Plaintiff KRW 16,545,437 out of KRW 17,502,656 and the said money, from November 2, 2018 to the date of full payment.
Reasons
1. Defendant B does not dispute the facts as to the cause of the claim as to Defendant B’s claim. Accordingly, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 24% per annum from November 2, 2018 to the date of full payment of the principal amount of KRW 17,502,656 in total and the principal amount of KRW 16,545,437 in total.
2. Determination as to the claim against Defendant C
A. Defendant B, the cause of the claim, as described in paragraph (1), bears the obligation to repay the loan to the Plaintiff, but he/she completed the registration of ownership transfer on October 10, 2018 with respect to one-half share of the real estate listed in the separate sheet (hereinafter “instant real estate”), which is the only property, among the real estate listed in the separate sheet (hereinafter “instant real estate”), as the only property. The registration of ownership transfer is completed on October 8, 2018. The division of property following the said donation or divorce constitutes a fraudulent act detrimental to the Plaintiff, the obligee, and the Defendant C is obligated to implement the registration procedure for cancellation of ownership transfer, as restitution following cancellation.
B. The summary of Defendant C’s assertion that completed the registration of ownership transfer with respect to one-half portion of the instant real estate from Defendant B is for division of property or payment of consolation money according to divorce, and is not for fraudulent act.
C. The Defendants: (1) married on July 28, 1986, but reported the divorce on July 13, 2004; (3) married on November 11, 2009, but reported the divorce on November 14, 2018.
(2) Defendant B completed the registration of ownership transfer on May 28, 1997 with respect to the instant real estate on the grounds of sale on September 7, 1995, and completed the registration of ownership transfer with respect to 1/2 shares on the grounds of donation on July 9, 2004, and completed the registration of ownership transfer with respect to 1/2 shares to Defendant C on October 8, 2018 (hereinafter “instant donation”). On October 10, 2018, Defendant C completed the registration of ownership transfer with respect to the remainder 1/2 shares (hereinafter “instant transfer”).
Defendant C shall be free of charge due to the donation on October 8, 2018.