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1. The Defendant’s KRW 64,00,000 as well as 5% per annum from November 25, 2015 to June 13, 2017 to the Plaintiff.
Reasons
Basic Facts
The registration of ownership transfer was completed on February 28, 2004 under the name of E Co., Ltd. (hereinafter “E”) with respect to D apartment Na-dong, 705 (hereinafter “the instant apartment”) on two lots, including Gyeong-gun, Gyeong-gun, and Gyeong-gun, Gyeong-gun, and Gyeong-nam, for whom the conclusion of the instant sales contract and the alteration of rights was completed, and the netF completed the provisional registration of ownership transfer claim on November 20, 2004 on the ground of the pre-sale agreement on May 17, 2004.
The State industry (hereinafter referred to as the "State industry") completed the registration of transfer of ownership transfer on September 20, 2007 due to the reason that it was transferred from the networkF on September 4, 2007 by transfer of ownership transfer right, based on the above provisional registration on the same day. On April 15, 2009, the State industry agreed to transfer the ownership of the apartment of this case to the Defendant on April 16, 2009 and completed the registration of transfer on April 16, 2009.
On May 23, 2013, the Plaintiff purchased the instant apartment from the Defendant for KRW 67,00,000 (hereinafter “instant sales contract”). On the same day, the Plaintiff paid the Defendant the down payment of KRW 10,000,000, and the intermediate payment of KRW 10,000 on June 10, 2013, and KRW 30,000,000 as part of the remainder on June 25, 2013, and completed the registration of ownership transfer on June 26, 2013.
G, G, the creditor of the dispute over the ownership of the apartment in this case, G, H, the main industry, as seen earlier, had completed the registration of ownership transfer on the apartment in this case. On October 11, 2007, the provisional disposition of prohibition of disposal of the apartment in this case was decided (this court 2007Kahap112), and on the same day, the provisional disposition registration was completed.
Since then, H filed a lawsuit seeking the return of loans, etc. to E with this Court No. 2007Gahap698, ② the cancellation of the above provisional registration in the name of the deceased F's heir, in subrogation of E with respect to the apartment of this case, and the cancellation of the above provisional registration against I, J, K, and L, and the State against the industry, respectively.