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1. As to Defendant B’s KRW 53,958,00 and KRW 13,00,00 among the Plaintiff, Defendant B shall be KRW 40,958,000 from September 18, 2013, and KRW 40,958,00.
Reasons
1. Facts of recognition;
A. From July 2012 to March 2013, Defendant B: (a) borrowed money from the Plaintiff several occasions from the Plaintiff; and (b) around August 27, 2013, the Plaintiff settled the total amount of the borrowed money at KRW 53,958,000 with the Plaintiff at KRW 53,958,000; (c) the Plaintiff paid KRW 13,000,000 until September 17, 2013; and (d) the Plaintiff paid KRW 40,958,000 by September 30, 2013 (hereinafter referred to as “instant payment rejection”); and (d) written and written a payment note stating that the Plaintiff would repay KRW 40,958,000 with the loan amount at KRW 53,958,00.
B. On June 7, 2013, Defendant B entered into a sales contract on each of the real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”) with Defendant C, Defendant D, and E, one’s own partner, as his/her type of punishment (hereinafter collectively referred to as “instant sales contract”), and on June 10, 2013, Defendant C’s name as to the portion of 1/4 out of the instant real estate, and on June 10, 2013, Defendant D’s name as to the portion of 2/4 of the instant real estate, and as to the portion of 1/4 in the name of Defendant D, the ownership transfer registration ( collectively referred to as “instant ownership transfer registration”).
C. At the time of the registration of the instant transfer of ownership, the registration of the establishment of a mortgage on the instant real estate was completed on April 9, 2012 by the maximum debt amount of KRW 195,00,00,000, the debtor B, the mortgagee B, the Dong-mortgage Credit Cooperatives (hereinafter “the establishment of a mortgage on the instant real estate”), the amount of KRW 7,500,000 on May 15, 2013, and the debtor B, the mortgagee B, and the mortgagee F’s establishment of a mortgage on the instant real estate (hereinafter “registration of the establishment of a mortgage”). Of the instant real estate, the registration of the establishment of a mortgage on the land Nos. 1 listed in the attached list was completed on April 3, 2013, and completed on March 22, 2013, respectively.
However, the registration of cancellation is made before the registration of transfer of ownership on the date of completion of the registration of transfer of ownership in the second place.