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1. Revocation of the first instance judgment.
2.(a)
As to the portion of 1/2 of the real estate listed in the attached list between the defendant and C.
Reasons
1. Basic facts
A. A. Around November 2005, the Plaintiff’s claim 1) C paid KRW 200 million out of the above money to the Plaintiff, who operates D Co., Ltd., to receive interest from 3% per month if the Plaintiff extended KRW 500 million to the F’s account on November 25, 2005, and C transferred KRW 500 million to the Plaintiff’s account on November 25, 2005. In lieu of the loan certificate, C paid KRW 500 million in the face value of D Co., Ltd.’s issuance, issued date, and due date, paid the Plaintiff KRW 20 million out of the above money on June 25, 2006, but D was repaid on July 1, 2007, and the interest was additionally repaid until July 24, 2007.
3) The Plaintiff filed a claim for loans against C and E with the Daegu District Court 2012Gahap5982, and the said court rendered a judgment on August 14, 2012 that “C and E shall jointly and severally pay to the Plaintiff 200,000,000 won and 30% interest per annum from July 25, 2007 to the full payment,” and the above judgment became final and conclusive at that time. (b) The Defendant entered into a sales contract with C and E around April 2010, the real estate listed in the attached list (hereinafter “instant real estate”) and the forest and field J 899m2 (hereinafter “J forest”) in the form of KRW 146,00,000,000 and entered the purchase price as “Defendant 1” under the sales contract (Evidence evidence 34).
After that, the Defendant, on May 10, 201, drafted a sales contract (No. 3-2; hereinafter “instant sales contract”) with the Defendant and C with the purchaser as KRW 107,00,000, and completed the registration of ownership transfer between the Defendant and C with respect to each of the instant real estate on July 8, 2011.
2. Meanwhile, from the Defendant’s name account to H’s account on April 8, 201, KRW 30,000,000, April 27, 2010, KRW 30,000, and KRW 30,000 on June 16, 2010, and KRW 20,000,000 on July 16, 201, and KRW 20,000 on July 20, 201, respectively.
(c) a provisional registration of C is made.