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1. It was concluded on February 8, 2017 with regard to each real estate indicated in the indication list of the attached real estate between the defendant and C (D).
Reasons
1. Facts of recognition;
A. The Plaintiff borrowed KRW 350,00,000 in total from C during the period from August 6, 2010 to August 8, 2011, and thereafter repaid KRW 636,915,00,00 including interest exceeding the maximum interest rate prescribed in the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 201) during the period from November 12, 2010 to January 23, 2013. Accordingly, the Plaintiff filed a lawsuit claiming for the return of unjust enrichment exceeding the interest paid under the former District Court’s military support 2015,1245, and the Plaintiff received 636,915,000,000 per annum from the day following June 25, 2015 to the day on which each of the said courts was sentenced to KRW 2015,515,515,2515,515,2515.
Accordingly, C’s appeal [Blju High Court 2017Na10461] and appeal (Supreme Court 2018Da227612) were all dismissed, and the judgment of the first instance was finalized on June 28, 2018.
B. On February 8, 2017, immediately after the judgment of the first instance was rendered, C entered into a trade reservation and the provisional registration of the right to claim transfer of ownership between C and the Defendant on February 8, 2017 with respect to each real estate listed in the list of real estate indicated in the separate sheet (hereinafter “instant real estate”). On February 8, 2017, Jeonju District Court rendered a provisional registration of the right to claim transfer of ownership (hereinafter “provisional registration of the right to claim transfer of ownership”).
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, and Gap No. 4-3, the purport of the whole pleadings
2. Determination
A. According to the facts found as above, the Plaintiff had 225,815,455 won and damages for delay against C on February 8, 2017, which was at the time of entering into the instant trade reservation, as well as 225,815,45 won and damages for delay.