beta
Text
1. The Plaintiff:
(a) Defendant B: (a) from May 12, 2015, KRW 71,432,348 and its related thereto:
B. Defendant D shall be 18,496,363 won and .
Reasons
1. Basic facts
A. (1) On February 24, 2004, the registration of transfer of ownership was completed on the ground of “sale on February 19, 2004” in the Plaintiff’s name with respect to the share of 400/2623 square meters in E-U. 6272 square meters in the name of the Plaintiff (hereinafter “instant share of land No. 1”). (2) On the same day, the registration of transfer of ownership was completed on the ground of “sale on February 19, 2004” with respect to the share of 400/2623 square meters in F-U. 2401 square meters in the name of the Plaintiff (hereinafter “instant share of land No. 2”).
B. (1) On March 31, 2005, the Plaintiff: (a) sold the instant land shares to Defendant B with the purchase price of KRW 110,720,000,000 (hereinafter “first sale”); (b) made a special agreement as shown in attached Table 1; and (c) agreed as shown in attached Table 2 in relation to paragraph (3) of the special agreement.
(2) On March 31, 2005, the Plaintiff issued and delivered a certificate of loan stating that “the Plaintiff borrowed 200 million won from Defendant B,” and the Defendant B completed the registration of establishment of a mortgage on the first land shares of the case on March 31, 2005 with the said certificate of loan, etc. attached thereto.
(3) On May 29, 2014, Defendant B filed an application for voluntary auction based on the registration of No. 1 collateral security for the instant land shares on the first collateral security for the instant land shares, and accordingly, the voluntary auction procedure was commenced ( Daegu District Court Branch G G; hereinafter “First auction”), and the Plaintiff was notified of the instant order of commencement on May 29, 2014.
(4) On December 24, 2014, Defendant B received dividends of KRW 197,076,797 in the position of the applicant creditor at the first auction of the instant case.
(Defendant B purchased the land shares of this case at the above auction, paid in full the price and completed the registration of ownership transfer).
Defendant D-.