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1. The Defendant (Counterclaim Plaintiff) paid KRW 42,271,017 to the Plaintiff (Counterclaim Defendant) and its related amount from April 29, 2016 to December 9, 2016.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The plaintiff is the first, the defendant is the second, D is the third, and E is the prevention.
B. 1) The Deceased’s ownership change, etc. in real estate is 1,626m2 (hereinafter “instant real estate”) in Jinju-si.
(2) On November 16, 2003, the Defendant: (a) borrowed KRW 30,00,000 from the Jinju Agricultural Cooperative on August 16, 2003, the Defendant concluded a mortgage contract with the maximum amount of debt 42,00,000,000 won on the deceased’s real estate owned by Jinju-si; (b) the obligor, the decedent, and the creditor of Jinju Agricultural Cooperative on August 14, 1981; (c) concluded a mortgage contract with the content of the creditor’s agricultural cooperative (hereinafter “instant mortgage contract”); and (d) completed the registration of the establishment of a mortgage contract with the purport of the above purport as the receipt of No. 56899, Nov. 16, 2003.
3) On September 1, 2005, the Deceased sold 1,084/1,626 shares out of the instant real estate to D on September 1, 2005, and completed the ownership transfer registration as of September 2, 2005 to the Changwon District Court Jinju Branch Branch of Jinwon District. On December 30, 2005, the Deceased donated 271/1,626 shares out of the instant real estate to the Defendant and E, and completed the entire transfer registration as of January 5, 2006 under the receipt of No. 801 of Jinwon District Court Branch of Jinwon District on January 4, 2006, the Plaintiff agreed to be exempted from the deceased’s obligation on February 3, 2006, and the Plaintiff agreed to receive the instant collateral security obligation from the deceased on September 24, 2006. The supplementary registration was received as of September 37, 2006.
5) On May 29, 2015, the Plaintiff, D, and E sold the instant real estate to G and H on May 29, 2015. On July 15, 2015, the Plaintiff completed the registration of transfer of ownership pursuant to Articles 41506 and 41407, which was received on July 15, 2015, for the Changwon District Court Jinwon Branch. (6) On July 14, 2015, the Plaintiff instead completed the registration of transfer of ownership on behalf of the Defendant.