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1. The defendant received KRW 137 million from the plaintiff or C (D) and then a list of real estate attached to the plaintiff.
Reasons
1. Basic facts
A. The Defendant has been engaged in money transactions between the Defendant and C, including lending money and receiving payment to C several times prior to this date. The Defendant transferred KRW 40 million on February 9, 2015, KRW 50 million on September 1, 2015, KRW 30 million on September 25, 2015, and KRW 100 million on November 25, 2015, to the E-bank account in the name of C. 200 million on March 12, 2015, and transferred KRW 44 million on March 12, 2015 (excluding transfer fees) to the F Bank account in the name of the Defendant’s name and KRW 30 million on September 28, 2015.
B. On January 19, 2016, in order to secure C’s obligation to the Defendant, the Plaintiff entered into a mortgage agreement (hereinafter “instant mortgage agreement”) with the Defendant, setting the mortgagee as the Defendant, the person establishing the right to collateral security, and the debtor as the Plaintiff, and the maximum debt amount as KRW 210 million on each of the real estates listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estates”). The following day, the Plaintiff entered into a mortgage agreement with the Defendant to establish the right to collateral security on each of the instant real estates listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estates”). The Plaintiff entered into a mortgage agreement with the Defendant with respect to each of the instant real estates as above.
C. On January 28, 2016, money transaction C related to the sale and purchase of each of the instant real estate entered into a real estate sales contract with H to sell each of the instant real estate in the purchase price of KRW 540 million on behalf of the Plaintiff. H wired the down payment of KRW 40 million on the same day to the IF account in the name of the Plaintiff, and the Plaintiff wired the money of KRW 40 million to the Defendant.
[Ground of recognition] Facts without dispute, Gap 1 through 6, 10, 17 evidence, Gap 24-2, Gap 29 evidence, Eul 1 and 2, Eul 3-1 through 4, witness Eul's testimony and all pleadings.