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1. As to the real estate listed in the separate sheet to the Plaintiff:
A. Defendant C is the Plaintiff’s KRW 63,136,183.
Reasons
1. Basic facts
A. The Plaintiff was the owner who completed the registration of ownership preservation on February 21, 2004 with respect to the real estate listed in the attached list (hereinafter “the apartment of this case”). D is a person who has been in a marital relationship between Apr. 17, 1989 and Apr. 18, 2006 with the Plaintiff’s misunderstanding and April 17, 1989.
B. On August 9, 2005, the instant apartment was subject to a provisional disposition prohibiting the disposal in the name of the creditor D (hereinafter “instant provisional disposition”) by deeming the right to claim for ownership transfer registration as the right to be preserved. However, on January 3, 2011, the said provisional disposition registration was revoked on the ground of withdrawal on December 31, 2010.
C. On November 2, 2010, a sales contract was prepared between the Plaintiff and Defendant C with the content that the instant apartment was sold in KRW 220,000,000 (hereinafter “instant sales contract”). On December 31, 2010, the ownership transfer registration for the instant apartment was completed in Defendant C’s future (hereinafter “instant ownership transfer registration”).
Defendant C paid KRW 20,00,000 to D on November 2, 2010, and KRW 25,000,000 to D on December 31, 2010. On December 31, 2010, Defendant C transferred KRW 40,000,000 to the Plaintiff’s Nonghyup Bank account (E; hereinafter “instant Plaintiff Account”) and KRW 65,00,000 to the Plaintiff’s said account on January 14, 201.
E. On February 21, 2004, on the instant apartment, the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) of KRW 91,00,000 with the maximum debt amount of KRW 91,00,000 as the debtor and the National Bank of Korea Co., Ltd. (hereinafter “Defendant National Bank”). After acquiring the ownership of the instant apartment, the Defendant C repaid the Plaintiff’s loan to the National Bank of Korea with KRW 63,136,183 on January 14, 201, and cancelled the registration of creation of a neighboring mortgage of the instant apartment. On the same day, the Defendant C extended KRW 130,00,000 from the Defendant National Bank and extended KRW 156,00 from the maximum debt amount to Defendant National Bank.