Text
1. Defendant B: (a) KRW 355,90,150 within the limit of KRW 392,262,80,000 to the Plaintiff; and (b) from February 4, 2014 to January 2015 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff filed a lawsuit against C seeking return of unjust enrichment. On May 2, 2013, the judgment of the Gwangju High Court (Seoul High Court) rendered that “C shall pay to the Plaintiff 289,058,600 won, and 180,000 won among them, 5% per annum from August 2, 2011 to May 2, 2013, and 20% per annum from the next day to the day of complete payment, and 109,058,600 won with 5% per annum from August 2, 2011 to February 17, 2012, and 20% per annum from the next day to the day of full payment (No. 2012Na1042),” which became final and conclusive, and that C’s appeal was dismissed.
B. Meanwhile, on February 1, 2010, C concluded a sales contract on the instant real estate with Defendant B, and completed the registration of ownership transfer as the receipt of the Jeonju District Court Kim Jong-dong registry office as of February 4, 2010 to Defendant B.
C. Accordingly, the Plaintiff filed a lawsuit against Defendant B for revocation of fraudulent act (hereinafter “instant prior suit”) seeking revocation of the sales contract between Defendant B and C, and the judgment was finalized on February 4, 2014 by the Gwangju High Court on January 16, 2014, which entered into a sales contract on February 1, 2010 between Defendant B and C, and Defendant B was sentenced to the judgment (2013Na1544, hereinafter “instant prior suit”). The judgment became final and conclusive on February 4, 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including paper numbers; hereinafter the same shall apply) and the purport of whole pleadings
2. Part of the claim against the defendant B
A. Although the plaintiff sought damages against the defendant B, the defendant B is the fact-finding of the previous suit of this case.