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1. Upon the plaintiff's preliminary claim added at the trial, Defendant A shall be entitled to the land attached to Section 1 of the list of real estate attached hereto.
Reasons
1. In fact D, while performing a research task as a professor for the future strategy, new materials engineering and professor of the E University under the Plaintiff’s control, acquired KRW 598,279,810 by means of pretending purchase of goods between February 3, 2006 and October 30, 2009, and acquired KRW 75,478,758,210 in total, from February 22, 2006 to March 31, 2010, the research cost was paid from February 22, 2006 to March 31, 201.
D’s crime was revealed through an audit by the Ministry of Education, Science and Technology conducted from March 10, 2010 to April 16, 2010, and was notified to the E University on July 29, 2010, and D was detained from June 25, 2010 to July 28, 2010 due to the above crime.
D and Defendant B entered into a sales contract of KRW 95,00,000 for the attached list paragraph 2 of the attached list of real estate owned by D on August 9, 2010.
Defendant B remitted 10,000,000 won of down payment to D on August 11, 2010. On August 23, 2010, Defendant B remitted 87,050,000 won (including fees for certified judicial scrivener and taxes) to a certified judicial scrivener entrusted with the registration affairs under the above sales contract on August 23, 2010. On August 23, 2010, Defendant B remitted 34,000,000 won to G to the mortgagee of the said land among the above money, and 50,000,000 won was remitted to D on August 24, 2010, after deducting the fees for certified judicial scrivener and taxes on August 26, 2010.
A certified judicial scrivener F cancelled the registration of the establishment of the above units of G and H on the land attached to paragraph (2) of the list of real estate attached hereto, and D terminated on August 23, 2010 on the land above to Defendant B on August 9, 2010 on the ground of sale on August 9, 2010.
G’s right to collateral security under the name of G was established and registered as joint collateral on March 4, 2010 with the debtor D and the maximum debt amount as KRW 130 million, with the land of the attached list 1 through 30 million as joint collateral. As seen below, on August 3, 2010, when part of the secured debt was repaid, the land of the attached list 1 and 3.