beta
Text
1. Defendant C:
A. The Plaintiff A’s KRW 7,707,216 and its related KRW 5% per annum from August 1, 2016 to May 14, 2019.
Reasons
1. Facts of recognition;
A. Plaintiff B is the owner of each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”), and on July 21, 2015, the ownership transfer registration was completed in the name of Plaintiff A and Defendant C, respectively.
B. In relation to the registration of transfer of ownership, Plaintiff A and Defendant C prepared a written statement on July 27, 2015 that the purchase price is KRW 5.6 million to Plaintiff B, and paid KRW 20 million to Plaintiff B the intermediate payment and the intermediate payment, but failed to pay the intermediate payment and the remainder by the due date for the remainder payment. Accordingly, Plaintiff B filed a lawsuit against Plaintiff A and Defendant C seeking the cancellation of the registration of transfer of ownership by filing a claim for the cancellation of the registration of transfer of ownership (Skcheon District Court original District Court Branch 2016Da30813) on July 14, 2016, and the said judgment became final and conclusive on August 4, 2016.
(A) Evidence No. 1 of this Decree shall be written. (c)
On the other hand, on August 5, 2015, Plaintiff A and Defendant C delivered all of the instant real estate and the materials, equipment, office fixtures, etc. of the instant factories to Plaintiff A and Defendant C. On August 26, 2015, Plaintiff A and Defendant C entered into a mortgage agreement with E Co., Ltd. with the maximum debt amount of KRW 72 million and borrowed KRW 60 million. On July 7, 2016, Plaintiff B and Defendant C on behalf of Plaintiff A and Defendant C on behalf of the said bank.
After the judgment in favor of the plaintiff Eul again filed a lawsuit against the plaintiff Eul and the defendant Eul for the payment of the subrogated amount and the delivery of the building (Skcheon District Court 2016dan36842). On November 21, 2017, between the plaintiff Eul and the plaintiff Eul, the amount equivalent to KRW 15 million out of the 30 million amount of the subrogated amount of the defendant Eul's liability, out of the 30 million amount of the subrogated payment of the plaintiff Eul, shall be paid by the plaintiff Eul, and the remaining part of the defendant C's liability shall be below the amount of KRW 15 million.