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1. Defendant B shall pay to the Plaintiff KRW 73,894,877 and the interest rate of KRW 15% per annum from November 17, 2015 to the date of full payment.
Reasons
1. Basic facts
A. In August 2008, Defendant B purchased real estate in succession to (E), around the end of 2011, and around August 201, Defendant B operated a so-called “Planning real estate” in which the real estate was sold to an unspecified number of unspecified persons by dividing the real estate and selling the real estate to an unspecified number of unspecified persons. Defendant D employed Defendant B to work on the said real estate.
B. Defendant B, on November 1, 201, sold approximately 331 square meters (per 100 square meters per square meter) among the Plaintiff’s MH (hereinafter “instant land”) located in the Busan-gun, Busan-gun (hereinafter “instant land”), at KRW 530,000,000 per square meter, to the Plaintiff. Around November 7, 201, Defendant B received from the Plaintiff the remainder of KRW 10,000 on the date of the said contract, and KRW 43 million on November 7, 2011.
C. Meanwhile, on September 8, 201, among the instant land, the size of 1,653 square meters was divided into J, I, 1,696 square meters, and H was a creditor K’s right to collateral security (based on the maximum debt amount of September 20, 201), the creditor K’s right to collateral security (based on the maximum debt amount of September 20, 201; and I, the creditor’s right to collateral security (based on the maximum debt amount of September 20, 201) was set up as the creditor’s right to collateral security (based on the maximum debt amount of September 20, 201), and the provisional attachment registration equivalent to KRW 30 million was completed on October 7, 201, and on December 14, 2011, the creditor’s right to collateral security (based on the maximum debt amount of KRW 165 million) was set up.
On January 2012, the Plaintiff knew of the existence of the above collateral security and provisional seizure and puts the issue to the Defendants. However, Defendant B, without resolving it, completed the registration of transfer of ownership in the Plaintiff’s mother’s name on February 17, 2012 for shares of I 330/1653.
E. After September 14, 2012, Defendant B resolved the said right to collateral security and provisional seizure until October 30, 2012, and agreed to transfer 50 square meters out of the instant land to the Plaintiff additionally.
F. However, with respect to the instant land, a voluntary auction procedure was conducted based on the foregoing right to collateral security, and N received dividends of KRW 5,605,123 from the above auction procedure to the owner of equity in November 2014.
G. On the other hand, Defendant B registered the establishment of a neighboring mortgage and provisional attachment on the instant land I to the Plaintiff.