1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiffs supplied the goods to D (in fact, D’s husband I operated the above store) with the trade name “H” in the Seongdong-gu Seoul Special Metropolitan City G. As of September 2016, D did not pay the price for the goods indicated in the following table to the Plaintiffs on the basis of around September 2016.

Plaintiff 13,227,530 2 KT Trading Co., Ltd. 6,852,800 3 Lee Subdivision-ro 12,240,838 4 B 4,562,347 Total sum 36,883,5515

B. On September 22, 2016, D sold the purchase price of KRW 215 million to the Defendant, “Seoul-gu, Seoul-gu, and 2 parcels F apartment, 120 dong 1001 (hereinafter “instant real estate”) owned by the Defendant (hereinafter “instant sales contract”), and completed the registration of ownership transfer on the same day.

According to the instant sales contract (No. 2-1 of the evidence No. 2), although the sales price was fully paid on the day of the sales contract, the actual payment of the sales price was made by paying KRW 19.1 million per contract date, and the balance remaining after deducting the secured debt of the right to collateral security established on the instant real estate, out of the remainder, was paid until October 21, 2016.

(No. 2-3). (c)

At the time of the instant purchase and sale contract, the instant real estate had the right to collateral security established on May 20, 201, the maximum debt amount of 111,90,000 won, the right to collateral security established on November 5, 201 by the National Bank Co., Ltd. (hereinafter “National Bank”), the maximum debt amount of 84,000,000 won established on November 5, 2015, and the Industrial Bank of Korea (hereinafter “Corporate Bank”). The said right to collateral security was cancelled on September 23, 2016 and September 28, 2016, respectively.

On the other hand, on September 27, 2016, the Defendant created the NongHyup Co., Ltd. with respect to the real estate of this case, the maximum debt amount of KRW 171,600,000, the NongHyup Bank Co., Ltd., Ltd., and the Defendant’s right to collateral security. On the following day, the Defendant created the Nong Bank Co., Ltd.