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1. Defendant B’s KRW 310,000,000 among the Plaintiff and KRW 100,000,000 among them, and KRW 110,00,000 from May 11, 2013.
Reasons
1. Facts of recognition;
A. On April 8, 2013, Defendant B agreed to pay to the Plaintiff KRW 100 million up to May 10, 2013, KRW 110 million up to August 10, 2013, KRW 100 million up to August 10, 2013, and KRW 100 million up to December 10, 2013.
B. On August 22, 2013, Defendant C entered into a sales contract (hereinafter “instant disposal”) with Defendant C on the real estate listed in [Attachment List 1 and 2 (hereinafter “instant real estate”) as well as the real estate listed in [Attachment List 1-1 and 2]; Defendant C entered into a sales contract with Defendant C on the instant real estate (hereinafter “instant real estate”). On the following day, Defendant C completed the ownership transfer registration (Seoul Central District Court No. 208479, Aug. 23, 2013) based on the said sales contract on each of the said real estate.
C. On November 7, 2013, Defendant B entered into a pre-sale and sales contract (hereinafter “dispositive act of this case”) with Defendant D on two-thirds of shares in the real estate listed in attached Table 3 (hereinafter “instant real estate”). On the same day, Defendant D completed the provisional registration of the right to claim transfer of shares (Seoul Central District Court No. 266154, Nov. 7, 2013) and the provisional registration of the right to claim transfer of shares (Seoul Central District Court No. 288703, Nov. 7, 2013).
In this case, ① Defendant C and D’s assertion and determination on the time of disposal are as follows.
At the time of the instant disposal, the registration of the establishment of a right to lease on a deposit basis in the name of the Defendant B, the maximum debt amount of KRW 1.44 billion, and KRW 228 million, respectively, was completed on the instant real estate, and the registration of the establishment of a right to lease on a deposit basis in the name of Songful, Nonghyup, the cause of KRW 250 million was completed.
On February 12, 2014, Defendant C repaid the secured debt amounting to KRW 998,152,123 of each of the above secured claims to the Songpang Agricultural Cooperative, and on the same day, each of the registration of creation of mortgage was cancelled.
Defendant C.