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1. The Defendant: (a) KRW 440,00,000 for the Plaintiff and 5% per annum from April 6, 2018 to November 1, 2018; and (b) the Plaintiff.
Reasons
1. The following facts may be acknowledged in light of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 3 to 7.
C On November 13, 2015, as to the 57.75 shares of each 57.75 percent (hereinafter “instant co-ownership”) of the land and buildings listed in the separate sheet located in the E market (hereinafter “instant co-ownership”) between D and D, C entered into a sales contract with the price of KRW 695 million, and completed the registration of ownership transfer on November 18, 2015.
B. Around that time, C prepared a certificate of loan amount of KRW 500 million with the Defendant (F, a spouse of the de facto marriage of C) on November 19, 2015, and concluded a mortgage contract on November 24, 2015, and completed the registration of establishment of a collateral security with regard to the instant co-ownership as to the instant co-ownership of the amount of KRW 500 million with the mortgagee, the obligor, and the maximum debt amount.
(hereinafter “instant collateral security”). C.
On November 24, 2015, the Defendant drafted a “written deed of transfer of land and building” with the purport that “A against the debtor C, by a contract on November 18, 2015, acquired a right to collateral security regarding the instant co-ownership and completed the establishment registration of a neighboring mortgage over KRW 500 million with respect to the instant co-ownership, and transfer the claim amounting to KRW 500 million with respect to the said debtor to son,” which read that “The said claim amounting to KRW 500 million with respect to the said
(hereinafter “instant agreement”). D.
However, on June 17, 2016, the registration of creation of a neighboring mortgage was cancelled on the ground of termination, and C, on June 17, 2016, completed the registration of establishment of a neighboring mortgage with regard to the instant co-ownership as of June 17, 2016, which was KRW 130 million with the mortgagee G, the debtor C, and the maximum debt amount. On June 17, 2016, C completed the registration of establishment of a neighboring mortgage with regard to the said co-ownership as of June 17, 2016, which was based on the priority of the right to collateral security, the Defendant, C, and the maximum debt amount as of June 17, 2018.
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