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1. Defendant B shall pay to the Plaintiff KRW 440,00,000 and 24% per annum from February 1, 2019 to the date of full payment.
Reasons
1. Determination as to the claim against the defendant B
A. The fact that between June 30, 2014 and December 30, 2014, the Plaintiff agreed to set a sum of KRW 440,000,000 as shown in the attached Table between June 30, 2014 and December 30, 2014 that the Plaintiff leased to Defendant B at 2% (24% per annum) per month is deemed to have been led by Defendant B pursuant to Article 150(3) and (1) of the Civil Procedure Act.
B. According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff the agreed interest and delayed damages calculated at the rate of 24% per annum from February 1, 2019 to the day of full payment, as requested by the Plaintiff, on the following day after the delivery of a copy of the complaint of this case, as requested by the Plaintiff.
2. Determination as to the claim against Defendant C
A. The Plaintiff asserted by the parties that the instant real estate is real estate under the name of Defendant B, his spouse, and that, as Defendant B sold the instant real estate to Defendant C in excess of his/her obligation on December 20, 2017, it constitutes an act detrimental to the obligee, which constitutes an act detrimental to the obligee, and therefore the said sales contract should be revoked.
As to this, Defendant C owned the instant real estate, even if it had been trusted under the name of D.
Even if there is no knowledge about such nominal trust or excess of the debt of Defendant B, it is argued that the instant real estate was purchased from D as a brokerage of a certified broker.
B. In light of the following circumstances, the Defendant C purchased the instant real estate from D to F by means of a private brokerage of an officially certified broker office of E, namely, a private broker of E, in the amount equivalent to the market price, and transferred lease deposit, etc. to D to F to the account in the name of D, and paid brokerage fees, and the G Co. sold the instant real estate to D on May 3, 2013, and the sales price was paid in the name of D. In light of the fact that G Co. sold the instant real estate to D on May 3, 2013, and the sales price was also paid in the name of D.