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1. On June 13, 2016, the Defendant and Nonparty C made a pre-sale agreement regarding the real estate stated in the separate sheet.
Reasons
1. Basic facts
A. On November 24, 2015, the Plaintiff determined KRW 279,00,00 to Nonparty C as the due date of repayment of KRW 279,00,000 on May 23, 2016 and the interest rate of KRW 20 (Provided, That the Plaintiff’s interest rate of KRW 13,950,00 is 13,950,000).
B. C signed a pre-sale agreement with the Defendant on June 13, 2016 with regard to the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) (hereinafter “instant pre-sale agreement”), and completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration”) under the receipt No. 52521 of the 15th of the same month by the Government Registry of the District Court in the future of the Defendant.
C. On July 13, 2016, the Plaintiff filed a payment order with the District Court 2016 tea948 with respect to the loans under the above paragraph (a) against the Plaintiff, and the said payment order was finalized.
On August 31, 2016, the Plaintiff applied for a compulsory auction on each of the instant real estate on August 31, 2016 upon the payment order, and rendered a decision to commence compulsory auction on September 1, 2016. The Sungnam Central Credit Union, which is a mortgagee of each of the instant real estate, applied for a voluntary auction on each of the instant real estate at KRW 1,169,480,685 on March 7, 2017 and rendered a decision to commence voluntary auction on March 9, 2017.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 20, the purport of the whole pleadings
2. On April 19, 2017, the Defendant submitted a written agreement (No. 8) signed between the Plaintiff and C on April 3, 2017, which was concluded on April 3, 2017 between the Plaintiff and C, to withdraw a lawsuit seeking revocation of fraudulent act filed with respect to each real estate of this case).
This is likely to prejudice the Plaintiff’s assertion to the effect that the instant lawsuit is unlawful in violation of the agreement to withdraw the lawsuit. Thus, even if the said agreement was made effective, it was merely made between C and the Plaintiff, not the Defendant as a party to the instant lawsuit, but rather between C and the individual.