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1. The sales contract concluded on November 25, 2016 between the Defendant and D with respect to the real estate listed in the separate sheet is KRW 13,789,50.
Reasons
1. Basic facts
A. The Plaintiff’s claim 1) Nonparty E Bank, after entering into a credit transaction agreement with the LAF, extended a loan of KRW 1 billion on June 30, 201, KRW 50 billion on September 26, 2012, KRW 1.45 billion on March 19, 2014, and KRW 1.45 billion on March 1, 2014 to the LAF, and D jointly and severally guaranteed the said loan’s obligation to the representative director of the LAF. (2) The LAF lost the payment of the said loan from November 4, 2016, and E Bank sent a peremptory notice to the LAF and D on February 9, 2017.
3) Meanwhile, on June 2, 2017, E Bank concluded an asset acquisition agreement with G Co., Ltd. on the instant claim, and on June 28, 2017, G Co., Ltd and H Limited Co., Ltd. (hereinafter “special purpose company”).
(3) On April 5, 2019, the Plaintiff filed an application for the payment order with the G Co., Ltd. with the G Co., Ltd. to the G Co., Ltd. on June 2, 2017 to transfer the status of the transferee under the asset acquisition agreement to the special purpose company, and subsequently transferred the instant bonds to the special purpose company. On the other hand, the special purpose company, on October 15, 2018, transferred the instant bonds to the Plaintiff. On the other hand, on April 5, 2019, the Plaintiff filed an application for the payment order with the G Co., Ltd. and D with the G Co., Ltd. to the effect that “The F Co., Ltd. and D jointly paid the Plaintiff 18,871,06 won and interest interest thereon,” and the said payment order decision was delivered to the KF and D on April 11, 2019, and became final and conclusive as it is.
B. D and the Defendant’s sales contract D entered into a sales contract (hereinafter “instant sales contract”) with the Defendant to sell the instant real estate, which is the only property of the Defendant, to the Defendant (hereinafter “instant sales contract”) on November 26, 2016, and the Defendant completed the registration of ownership transfer on December 6, 2016 on the ground of the sales contract (80,000,000 won) on the said real estate.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1-17, purport of the whole pleadings.
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