Text
1. As to real estate listed in Attachment 1:
A. A sales contract concluded on November 8, 201 between Defendant A and C is concluded between Defendant A and C.
Reasons
1. Determination as to the claim against the defendant B
(a)as shown in the reasons for the attachment of the claim;
B. Article 208 (3) 2 of the Civil Procedure Act of the judgment to recommend confession
2. Determination as to the claim against Defendant A
A. Fact 1) The Plaintiff against C on January 6, 2009, and the notary public filed a lawsuit for confirmation of the existence of the obligation under the Changwon District Court 2009Gahap822, Dec. 5, 2008 on the ground that C obtained the benefit of KRW 119,397,159 in total without any legal cause, such as the seizure of the Plaintiff’s claim for the payment of goods against the third party obligor, and it was null and void since the deed of a monetary loan for consumption was made by a notary public on December 5, 2008 at the request of a non-authorized person, even though he did not grant the power of representation for the preparation. Accordingly, C acquired the benefit of KRW 119,397,159 in total without any legal cause.
Accordingly, in the Busan High Court case No. 201Na1074, Nov. 24, 201, the plaintiff appealed and rendered a favorable judgment of the plaintiff (hereinafter "the judgment of this case") stating that "C shall pay to the plaintiff 19,397,159 won and the amount calculated at the rate of 5% per annum from July 6, 2009 to November 24, 201, and 20% per annum from the next day to the date of full payment." The judgment of this case became final and conclusive around that time.
B) On October 19, 201, immediately before the instant judgment was rendered, C entered into a compulsory adjustment order on November 8, 201, and C had an objection thereto and rendered the instant judgment on November 24, 2011. 2) On November 8, 2011, C entered into a sales contract with Defendant A on November 8, 201, with respect to the real estate listed in attached Table No. 1 (hereinafter “instant land”) as indicated in attached Table No. 1 (hereinafter “instant land”). On November 8, 201, C entered into a sales contract with Defendant A (hereinafter “instant purchase contract”) with the Changwon District Court Kim Jong-gu Office of Registry on November 9, 201, and had Defendant A completed the ownership transfer registration (hereinafter “the instant transfer registration”).
3 A. 1.0% at the time of the Dosan Table No. 530,00.