Text
1. As to real estate listed in the separate sheet:
(a) a pre-sale entered into on January 14, 2015 between C and the Defendant.
Reasons
1. Facts of recognition;
A. The Plaintiff filed a lawsuit against Dong Government District Court 2012Da48107, which sought a loan or the payment of the settlement of investment accounts, and on March 11, 2014, the said court sentenced C to the Plaintiff to pay KRW 41,760,742 as the settlement of investment accounts, and damages for delay.
Accordingly, C filed an appeal as the District Court 2014Na5914, and in the appellate case, the said court partially revoked the judgment of the first instance on March 18, 2015, and C rendered a judgment ordering the Plaintiff to pay 39,595,403 won and damages for delay.
Therefore, although C filed an appeal by Supreme Court Decision 2015Da51616, the appeal was dismissed on November 26, 2015, and the above appellate judgment (hereinafter “instant judgment”) became final and conclusive as it is.
B. On January 14, 2015, C entered into a pre-sale agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant pre-sale agreement”) and completed the registration of the Defendant’s right to claim transfer of the entire share (hereinafter “instant pre-sale agreement”) with the Government Registry of the District Court (No. 3374) on January 14, 2015.
C. At the time of the instant purchase and sale promise, C owned the instant real estate and D Apartment No. 105 and 701 (hereinafter “D apartment”). At the time, D apartment was between KRW 237.5 million and KRW 260 million, while the sum of the maximum debt amount of the right to collateral security established thereon was KRW 264 million (=the aggregate of the maximum debt amount of the right to collateral security (i.e., the right to collateral security (i., the right to collateral security (i., the right to collateral security (ii., the right to collateral security), in the name of Cho Heung Bank Co., Ltd., Ltd. on April 3, 2002) and KRW 180,000,000,000 won, and thus, the real estate in this case was the only real estate owned by Hyundai Capital Co., Ltd., Ltd., on February 13, 2009.
【In the absence of any dispute, there is no ground for recognition, entry of Gap 1 through 7 (if there is a ground for recognition, including a branch number; hereinafter the same shall apply), Eul 3, and this Court.