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1. It was concluded on June 8, 2017 between C and the Defendant with respect to the area of 360 square meters of forest land and E forest land of 3,024 square meters in Gyeyang-gu, Seoyang-gu, Incheon Metropolitan City.
Reasons
1. Facts of recognition;
A. On July 10, 2014, C took out a loan of KRW 200,000,000 from the F Association (hereinafter “Non-Party Association”) and set the maximum debt amount at KRW 260,000,000,000 to the non-party association, which is the ownership thereof, set the maximum debt amount at KRW 360,000,000,000,000,000,000,000.
B. On July 10, 2014, C set the maximum debt amount of the instant land as KRW 280 million to the Plaintiff, setting the right to collateral security (hereinafter “mortgage”).
C. On January 16, 2015, upon the Plaintiff’s request, a decision to voluntarily commence the auction on the instant land was rendered.
(hereinafter referred to as “the voluntary auction of this case”) G in this Court. D.
C filed a counterclaim against the Plaintiff on January 5, 2016 (this Court Decision 2016Gahap74524). On September 5, 2016, the Plaintiff also filed a counterclaim against the Plaintiff seeking the payment of KRW 280 million and its delay damages (this Court Decision 2016Gahap74531).
(C) On January 15, 2017, the court of first instance rendered a judgment on January 20, 2017 that “C shall pay the Plaintiff 280 million won with interest of 10% per annum from June 25, 2014 to September 21, 2016, and 15% per annum from the next day to the date of full payment, and the Plaintiff shall receive the said money from C, and then cancel the registration of creation of a mortgage of this case, and the costs of lawsuit shall be borne by C by aggregating the principal lawsuit and the counterclaim,” and the said judgment became final and conclusive as of February 15, 2017.
E. From August 5, 2014 to November 29, 2016, C disposed of all real estate, other than the instant land, including the Goyangyang-gu H large H 261.4 square meters, and sold the instant land at KRW 900 million to the Defendant on June 8, 2017 (hereinafter “instant sales contract”), and the Defendant sold the instant land on the ground of the instant sales contract on June 28, 2017.