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1. The Plaintiff:
A. Defendant B Co., Ltd.: (a) 321,679,125 won and 279,914,923 won among them, from March 13, 2019 to 203 won.
Reasons
1. Determination as to the claim against Defendant B and Defendant C
(a)as shown in the reasons for the attachment of the claim;
(b) Article 208(3)2 of the Civil Procedure Act on the judgment of deemed confession.
2. Determination as to the claim against Defendant D
A. Basic facts 1) Defendant C bears a collateral guarantee obligation to the Plaintiff up to KRW 506,98,300 in total as indicated in the grounds for the claim in the attached Form. 2) Defendant C entered into a sales contract for the instant real estate, which is the only real estate between Defendant D and Defendant D on October 31, 2017 (hereinafter “instant sales contract”). On November 1, 201 of the same year, Defendant C completed the registration of ownership transfer in the name of Defendant D with respect to the instant real estate.
3) Meanwhile, on November 3, 2017, after the registration of ownership transfer was made under Defendant D’s name, the mortgage was cancelled with the debtor as Defendant C and the new mortgage was established with the debtor as Defendant D. At the time, the value of the instant real estate at the time is KRW 200 million, and the amount of the claim secured by the cancelled mortgage is KRW 16 million. (B) Determination on the primary claim 1) The Plaintiff’s assertion that Defendant C sold the instant real estate, which is only the real estate to Defendant D, and completed the registration of ownership transfer constitutes a fraudulent act against the Plaintiff, and thereby, the instant sales contract between Defendant C and Defendant D constitutes a fraudulent act. Accordingly, the instant sales contract between Defendant C and the Plaintiff should be revoked, and the restoration to the original state, Defendant C should compensate the Plaintiff for the amount of KRW 84 million (200 million -16 million - 16 million) and damages for delay.
2) Determination as to the legitimacy of a lawsuit) Each creditor who satisfies the requirements for a creditor’s right of revocation is an inherent right and can seek revocation of the debtor’s act of disposal of property and restitution thereof. Therefore, where multiple creditors have filed a lawsuit for revocation of a fraudulent act and a lawsuit for restitution at the same time or at different times, they shall be