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1. The Defendant (Appointed Party) is a case involving the compulsory auction of Suwon District Court C real estate with the Plaintiff.
Reasons
1. Basic facts
A. From around 1998, the Plaintiff has been receiving interest from E several times to lend money equivalent to KRW 380,000,000 to E, and E has borrowed the said money to F and G and has received interest payment.
B. On August 4, 1999, the Plaintiff completed the provisional registration on August 3, 1999 with respect to 1/2 shares of H 174,248 square meters of H forest land in Ansan-gu, Ansan-gu, Busan-si (hereinafter “instant shares”).
C. The defendant (appointed party; hereinafter "the defendant") filed a lawsuit against G against the defendant as Seoul District Court Branch Branch 2003Kahap4349, the defendant asserted that "E transferred the above loan claim against G (150 million won, monthly interest, 3.9 million won) to the plaintiff on September 12, 2001, and the plaintiff obtained a favorable judgment against the defendant on May 7, 2003 on the ground that "the above loan claim against G was delivered to the defendant on May 4, 199 to May 4, 2003, among the above loan claim against G from E, the sum of interest claim from August 4, 199 to May 4, 200 (3.9 million won x 3.9 million won x 4.45 months)", and the above decision was rendered in favor of the defendant on September 14, 2003 on the ground that each notice of transfer was completed as a duplicate of the complaint."
(hereinafter “instant judgment claim”) D.
On October 24, 2003, the Plaintiff drafted a written contract with I and the Defendant respectively (hereinafter “instant contract”).
1) The location of the Plaintiff and I’s provisional registration transfer and acquisition of the right to provisional registration of the contract: H land in Ansan-si: 174,248 of forest land: The purchase price of KRW 180,000,000: KRW 180,000: The contract deposit shall be paid at the time of the contract and the balance shall be paid at KRW 162,00,000 on November 25, 2003. If the buyer of the intermediate payment (in the absence of the intermediate payment agreement, the seller shall pay the down payment before he pays the balance, and the buyer shall also pay the down payment.