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1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and the Plaintiff’s revocation part shall be the Defendants.
Reasons
1. Basic facts
A. On November 15, 2013, the Plaintiff’s loan to E Co., Ltd. and D’s joint and several surety (hereinafter “instant company”) loaned KRW 650,000,000 to E Co., Ltd. (hereinafter “instant company”) by determining that payment of interest would lose the benefit of time if the interest would be delayed once. On the same day, directors D, the representative of the instant company, as the representative of the instant company, provided joint and several surety up to KRW 780,000,000 for the above loan obligations against the Plaintiff of the instant company.
B. The instant company, from September 15, 2015, lost the benefit of time due to the delayed payment of interest on the said loan obligations, on October 15, 2015.
The principal and interest of the instant company’s loan obligations as of March 24, 2016 are KRW 584,752,351 ( principal and interest of KRW 545,00,000 and interest of KRW 39,752,351).
C. D and Defendants’ real estate sales D indicated in the separate sheet (hereinafter “instant real estate”) to Defendant B and C on September 30, 2015, and among which the buildings listed in the separate sheet (hereinafter “instant real estate”), the sales contract (Evidence B) drafted at the time of the first sales contract of KRW 1,650,000,000, stated the sales price as KRW 1,650,000,000. However, the actual sales price is KRW 1,650,000,000.
'The sales contract of this case'(hereinafter referred to as 'the sales contract of this case') to sell.
B. On the same day, the Defendants completed the registration of ownership transfer for 1/2 shares of the instant real estate in the future.
At the time of the instant contract for the sale of real rights to the instant real estate or the instant building, the registration of the establishment of the right to lease on a deposit basis under the name of H, I, and J was completed as listed below, and the registration of the establishment of the right to lease on a deposit basis under J was cancelled on December 17, 2015.
The date of establishment of real estate right holder registration, and other matters.