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1. The Defendant: KRW 91,470,00 for Plaintiff A and KRW 20% per annum from May 23, 2015 to September 30, 2015; and
Reasons
1. Facts of recognition;
A. C and the Defendant’s sales contract 1) 4,598 square meters and E parking lot 3,236 square meters and 3,236 square meters (hereinafter “each of the instant real estate”) in Jeonju-gun, Jeonju-gun, Jeonbuk-gun, Inc.
[Attachment] The registration of provisional seizure to be effected on October 6, 2009 by the Jeonju District Court Decision 2009Kadan5126 was rendered on the provisional seizure of the Jeonju District Court (hereinafter “registration of provisional seizure”) and the registration of provisional seizure to be effected to creditors and to the Korea Federation of Small and Medium Business (hereinafter “registration of provisional seizure”).
(2) On July 29, 2014, the Defendant purchased each of the instant real estate at KRW 1,660,000 (hereinafter “the instant transaction”). However, the Defendant agreed to the effect that “The amount of KRW 261,50,000,000,000, which was provisionally seized by the Federation of Small and Medium Enterprises, should be deducted from the time of the payment of the real estate purchase price: Provided, That the C sale price mutual aid amount should be settled at the time of termination of provisional seizure (hereinafter “instant special agreement”) and the instant sales contract (Evidence 9) made between C and the Defendant, which was made between C and the Defendant, does not include any such content in the instant sales contract (Evidence 9). However, there is no dispute between C and the Defendant as to the fact that there was a special agreement between C and the Defendant on asset transfer and takeover.
3) On July 30, 2014, the Defendant paid to C the purchase price of KRW 1,060,000,000,000, deducting KRW 261,500,000,000 from KRW 1,000,000,000,000 for the registration of provisional seizure, and completed the registration of ownership transfer in the name of the Defendant with respect to each of the instant real property on the same day. (B) Pursuant to the provisional disposition order issued by the Jeonju District Court Decision 2014Kadan3787, supra, on each of the instant real property, the former District Court Decision 137716, Nov. 18, 2014, was revoked.