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The payment contract concluded on May 3, 2019 by the defendant and C with respect to the real estate stated in the attached list shall be revoked.
Reasons
1. Facts of recognition;
A. On September 11, 2002, D Co., Ltd. (1) borrowed 445,000,000 won corporate working capital to C. (2) The repayment of the principal and interest of loan was delayed, and E Co., Ltd. (hereinafter referred to as “C”) who received the loan from D prior to the transfer of the loan claim against C filed an application against C for the present order with the Seoul Central District Court 2009 tea46267. On May 4, 2009, E Co. (hereinafter referred to as “C”) received a payment order from the above court that “C shall pay 10,000,000 won to E Co., Ltd. and its delay damages.” The above payment order was finalized on May 27, 2009.
3) Meanwhile, on May 23, 2019, the Plaintiff received an order for payment from E Co., Ltd. to receive the said obligation again, and filed an application for payment order against C on May 23, 2019 with Seoul Western District Court Decision 2019 tea3580, Jun. 7, 2019, the Plaintiff received an order for payment from the above court to “C shall pay to the Plaintiff 10 million won and interest rate of 20% per annum from April 20, 2009 to the day of full payment,” and the above payment order was finalized on June 29, 2019. (b) The payment order was finalized on May 3, 2019 between C and the Defendant’s payment contract in accord and the Defendant, and the Defendant’s real estate listed in the separate sheet (hereinafter “instant real estate”).
A) The value of the instant real estate is assessed to KRW 105,00,000 and, in lieu of the repayment of the debt borrowed to the Defendant, the payment contract is entered into with the content that the ownership of the instant real estate is to be transferred to the Defendant (hereinafter “instant payment contract”).
B. On the same day, the registration of ownership transfer was completed in the name of the defendant based on the instant payment contract.
C. C’s excess of C’s debt was owned as active property of KRW 1,706,474,00 in total amount of KRW 1,706,40,00 in the market value of the instant real estate and the instant real estate and buildings owned each of the land F, G, and H and its above ground. On the other hand, as passive property, KRW 976,828,493 in relation to I Association, and KRW 110,543 in relation to J Association.