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1. Defendant B’s KRW 121,440,509 and as to the Plaintiff, 10% per annum from September 28, 2019 to January 14, 2020, and the following:
Reasons
1. Basic facts
A. The part of the Plaintiff’s outstanding claim against Defendant B (hereinafter “instant outstanding claim”) is as stated in the attached Table 1 “Preservation Claim”.
B. Defendant B’s property disposition against Defendant C entered into a contract to establish a right of claim for transfer of ownership in [Attachment 2], the sole real estate as security for the claim for loans against Defendant C (hereinafter “instant apartment”) with the maximum amount of claim KRW 115,00,000 on September 24, 2019, and completed the registration of establishment of a right of claim and the registration of establishment of a right of collateral security (hereinafter “instant apartment”) with the Gwangju District Court’s net support and receipt No. 37089 on the same day. On September 25, 2019, Defendant B entered into a pre-contract with the Gwangju District Court’s net support on September 25, 2019 and received a claim for transfer of ownership with the status of KRW 37305, and received the registration of each of the instant apartment in accordance with the aforementioned pre-contract with the purport of entering the sales contract in accordance with the agreement to sell or purchase the instant apartment at least 10,000,000 for the same reason.
2. The Defendants asserted that the lawsuit of this case was not a benefit of lawsuit due to impossibility of performance, but the Plaintiff may seek cancellation of each contract of this case against the Defendant C and compensation for damages on the ground that the Plaintiff did not have a benefit of lawsuit, as seen below, since the contract of this case was concluded with Nonparty D on November 27, 2019 with respect to the apartment of this case and the registration of transfer of ownership was completed under the name of Defendant C and E Co., Ltd. (hereinafter “E”), and the registration of establishment of the right of claim was cancelled on December 2, 2019.