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1. The Plaintiff:
A. Defendant B: (a) from February 26, 2013 to KRW 33,00,000; (b)
B. Defendant C shall be KRW 300,000,000; and
Reasons
1. Basic facts
A. D Co., Ltd. (hereinafter “D”) is a corporation established for the purpose of housing construction and supply business, which is a company incorporated for the purpose of housing construction and supply business, and is a company performing new construction works of building F with the total of 84 households of underground floor and 14th floor above Busan-gun E and 2th floor above ground
B. On January 19, 2007, the Plaintiff loaned KRW 200 million to Defendant C, which is the major shareholder of D. Defendant C, by May 19, 2007, the Plaintiff paid KRW 300 million to the Plaintiff including the investment performance money, and Defendant C paid KRW 200 million to the Plaintiff by May 19, 2007 (hereinafter “instant contract”) after entering into an agreement with the Plaintiff to transfer the said F building, which was constructed to secure the performance of the said obligation, to the Plaintiff (hereinafter “instant agreement”).
C. Defendant C failed to pay KRW 300 million by the due date under the instant contract, and Defendant B, the representative director of D, prepared a letter of intent on February 25, 2008 that “D will transfer its ownership to the Plaintiff after completing each of the instant apartment units in accordance with the instant contract.”
On July 21, 201, the Busan High Court rendered a judgment to the effect that “D shall implement the procedure for ownership transfer registration for each of the instant apartment units on February 25, 2008 with respect to the Plaintiff on the ground of the transfer security agreement (the Busan High Court Decision 2010Na9054 decided July 21, 201; hereinafter “transfer judgment”) by filing a lawsuit against D seeking the transfer of each of the instant apartment units, and the said judgment became final and conclusive around that time.
E. After that, Defendant B, upon cancelling the registration of restriction on right, such as provisional attachment and provisional disposition with respect to each apartment of this case, was deceiving the Plaintiff to complete the registration of transfer of ownership, and received KRW 33 million from the Plaintiff on February 26, 2013 as its expenses.
F. However, each of the instant cases.