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1. The defendant from KRW 36,072,204 to the plaintiff from January 25, 2019, the plaintiff 33.
Reasons
1. Basic facts
A. On May 28, 2014, the Plaintiff leased (hereinafter “the instant lease”) a lease deposit of KRW 45,00,000,000 from the Defendant, among the Dongjak-gu Seoul Metropolitan Government Building D (hereinafter “instant real estate”) to the Defendant, for a period of two years from July 7, 2014 to July 6, 2016, the lease deposit amount of KRW 45,000,000 (hereinafter “the instant lease”). Around that time, the Plaintiff occupied the instant rooftop by delivery of KRW 45,00,000 to the Defendant, and obtained a fixed date of the lease agreement around June 3, 2014.
B. On November 22, 2011, the Defendant purchased the instant real estate from E to repay the claims against E, which are the former owner of the instant real estate, and completed the registration of transfer of ownership as to the instant real estate after acquiring lease deposit, etc., but filed a lawsuit for revocation of fraudulent act (No. 2014Da138064) against the Defendant by F Co., Ltd. (hereinafter “F”), which is another creditor, filed against the Defendant, at the Seoul Central District Court. The said lawsuit for revocation of fraudulent act was initiated by service, and the said court rendered a judgment on March 27, 2015 (hereinafter “instant judgment”).
Around May 28, 2015, the Defendant filed an appeal for further completion of the appeal, but on December 15, 2015, the appeal was dismissed, and the judgment of revocation of the instant fraudulent dismissal became final and conclusive as it is.
C. Around May 22, 2015, the registration of ownership transfer under the Defendant’s name was cancelled in accordance with the instant judgment of revocation. According to F’s application for the commencement of compulsory auction, the procedure for compulsory auction of the instant real estate to G with the Seoul Central District Court (hereinafter “instant auction procedure”) was initiated, and HH Co., Ltd., another creditor of E, also with respect to the instant real estate.