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1. The Defendant is based on sale on June 2, 2016, as to the real estate stated in the separate sheet from the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff and C completed the registration of ownership transfer on June 27, 2003 with respect to 1/2 shares among the real estate listed in the separate sheet No. 1 (hereinafter “instant land”).
After that, the Plaintiff and C newly constructed each building listed in the separate sheet Nos. 2 and 3 (hereinafter “instant building”) on the ground of the instant land, and completed the registration of ownership preservation on March 11, 2004 with respect to Plaintiff 3/5 shares and C2/5 shares.
B. The Plaintiff and C jointly operated soup suping the instant building with the trade name “Druping soup” (hereinafter “instant soup”).
C. The Plaintiff and C jointly operate the soup bank of this case, providing the Plaintiff with the instant land and buildings as security, and making the Plaintiff as the debtor, E Union as the mortgagee, and completing the registration of the establishment of a neighboring mortgage of which the maximum debt amount is KRW 1190 million on Nov. 24, 2006, ② the registration of the establishment of a neighboring mortgage of which the maximum debt amount is KRW 130 million on Feb. 11, 2008, ③ the registration of the establishment of a neighboring mortgage of which the maximum debt amount is KRW 65 million on Dec. 3, 2008, ④ the registration of the establishment of a neighboring mortgage of which the maximum debt amount is KRW 130 million on Nov. 20, 200, ⑤ the registration of the establishment of a neighboring mortgage of which the maximum debt amount is KRW 90 million on Nov. 11, 2013, respectively.
E Association borrowed a total of KRW 1.28 billion (hereinafter “instant loan”) from E Association and used it as business funds.
Of the instant loans, the Plaintiff’s share is KRW 640 million. D.
On June 2, 2016, the Plaintiff concluded a sales contract to sell the Plaintiff’s share in the instant land and building to the Defendant for KRW 1 billion (hereinafter “instant sales contract”), and agreed to pay the remainder KRW 30 million on the date of the contract, the intermediate payment of KRW 130 million on July 8, 2016, and the remainder KRW 840 million on November 2, 2016, respectively.
E. The defendant is a down payment of KRW 30 million on the day of the contract according to the instant sales contract.