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1. Defendant C Co., Ltd.: (a) KRW 200,000,000 and 5% per annum from August 10, 2017 to August 17, 2018.
Reasons
1. Basic facts
A. The land listed in the separate sheet No. 1 (hereinafter “instant land”) and the building listed in the separate sheet No. 2 on the ground (hereinafter “instant building”). The combination of the instant land and the instant building was owned by D (hereinafter “D”). As to each of the instant real estate, the transfer registration of ownership in the future of E Co., Ltd. (hereinafter “E”) on March 17, 2008 and the transfer registration of ownership in the future of F Co., Ltd. (hereinafter “F”) on March 7, 2011 (hereinafter “F”).
B. Since then, as the Gwangju District Court 2012Gahap12872, D filed a lawsuit against E and F seeking the cancellation of each of the above transfer registration in the name of E and F concerning each of the instant real estate, and obtained a favorable judgment on April 4, 2013, which became final and conclusive as it is.
However, even after the above judgment became final and conclusive, D did not cancel the registration of transfer of each of the above titles E and F, and accordingly F continued to have been registered as an owner on the registration certificate of each of the real estate in this case.
C. On March 4, 2015, the Plaintiff paid a deposit of KRW 330,00,000 to D, and carried on the hotel business by leasing the instant building. On November 19, 2015, the Plaintiff reported the lien to the auction court where the decision on voluntary auction was rendered on each of the instant real estate.
On March 7, 2017, at the sale date of the said voluntary auction case held on March 7, 2017, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) won 9/10 shares of each of the instant real estate, and C Co., Ltd (which is separate from the Defendant, with the location of the head office “Innju, G Building and H,” and is separate from the Defendant; hereinafter “Innju C”) won 1/10 shares of each of the instant real estate. The Defendant Co., Ltd and Emju acquired the ownership of each of the instant real estate after full payment of the sale price on June 20, 2017.
E. On June 20, 2017, the Defendant Company owned each of the instant real estate owned by the Defendant Company between Defendant B and Defendant B.