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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts: (a) On March 22, 2013, D entered into a real estate sales contract with the Defendant, who became aware of the introduction of C, by setting the sales price of KRW 268,00,000,000 (hereinafter “instant land”) as KRW 268,000,000 (hereinafter “instant sales contract”).
② On March 22, 2013, the Defendant remitted KRW 50,000,000 to C, and KRW 20,000,000 on March 23, 2013, and C transferred KRW 40,000,000, out of KRW 50,000 received from the Defendant on March 22, 2013, the Defendant transferred KRW 40,000,00 to the Agricultural Cooperative’s account in the name of the Defendant on the same day.
③ On April 11, 2013, D drafted a contract on the instant sales contract with F, who is the Defendant’s seat, at a certified judicial scrivener office. On the same day, D completed the registration of ownership transfer for the instant land on April 1, 2013 to the Defendant.
④ As to the instant land on June 27, 2013, the Defendant terminated the maximum debt amount of KRW 130,000,000 with respect to the instant land, and transferred KRW 100,000,000 to the bank account of D, which was loaned as security by the debtor on the same day.
⑤ On November 17, 2013, the Defendant remitted KRW 50,000,00 to C, and C transferred KRW 62,00,000,000, including KRW 40,000,00 in the instant purchase price, to the account in the name of D in a fraudulent name on the same day and following day.
6) Around January 2015, D transferred the instant sales price claim to G.
(hereinafter “The primary transfer”) withdrawn, and with the consent of G, G transferred the said claim to the Plaintiff on September 30, 2015 (hereinafter “the second transfer”) and notified the Defendant on the same day (hereinafter “the second transfer”).
On October 19, 2015, the Plaintiff applied for the instant payment order.
D notified the Defendant of the first transfer by means of content-certified mail on November 17, 2015.
[Reasons for Recognition] Facts without dispute: Each entry of Gap 1, 2, 4, 10, 12 evidence, Eul 1-1, 2, 3, and 17 evidence (including all types of numbers; hereinafter the same shall apply) and the whole purport of the pleadings.