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1. Defendant B’s KRW 7,300,000 for the Plaintiff and 5% per annum for the period from June 22, 2012 to the date this judgment became final and conclusive.
Reasons
1. Basic facts
A. The Plaintiff is the owner of D forest land 756 square meters, E large 746 square meters, F forest land 69 square meters, G road 659 square meters (hereinafter “each of the instant land”). The Defendants are the husband and wife who developed each of the instant land owned by the Plaintiff.
B. On March 9, 2012, the Plaintiff paid KRW 170 million to the Defendants. (2) On November 9, 2012, the Plaintiff paid KRW 70 million to the Defendant C. On November 9, 2012, Defendant C issued a certificate of borrowing, stating that “The Plaintiff shall receive KRW 70 million in full” to the Plaintiff on November 9, 2012.
3) On April 16, 2013, the Plaintiff transferred KRW 100 million to the Agricultural Cooperative Account (Account Number H) of Defendant B. (c) On June 19, 2012, the Plaintiff between the Plaintiff and Defendant B, as well as the Plaintiff, on June 19, 2012, is equivalent to KRW 202 square meters of I forest land (hereinafter “I land”).
(2) The sales contract to sell the sales price of KRW 7.3 million and the sales price payment date of June 19, 2012 (hereinafter “instant sales contract”) (hereinafter “instant sales contract”).
(D) Defendant B concluded a provisional seizure on the said real estate with the loans claim amounting to KRW 170 million on the said real estate owned by Defendant B as the preserved right, and obtained a decision of acceptance from the said court on March 15, 2017, on June 21, 2012. D. An application for provisional seizure on the Plaintiff’s real estate under Defendant B’s name was filed with the Changwon District Court for provisional seizure on the loans claim amounting to KRW 170 million on the said real estate and KRW 170 million on the said real estate.
(2) On March 16, 2017, the Plaintiff completed the provisional attachment registration under the receipt No. 13499 on March 16, 2017, as to the above 18 real estate on March 16, 2017 (hereinafter “instant provisional attachment”).
E. The Daegu District Court held that Defendant C’s wife B owned real estate was located in Jinju support and the Plaintiff’s rescission of provisional seizure between the Plaintiff and Defendant C.