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1. Defendant B shall pay to the Plaintiff KRW 612,73,00,00 per annum from September 26, 2014 to the day of full payment.
Reasons
1. Basic facts
A. On November 10, 2010, the Plaintiff’s two buildings on the land indicated in attached Table No. 1 (attached Table Nos. 4 and 5; hereinafter “each of the buildings of this case”) from E around November 10, 2010.
(2) The construction project (hereinafter referred to as the “instant construction project”) to newly construct the construction cost of KRW 1,750,000 (excluding value-added tax)
(2) The Plaintiff completed the instant construction project on February 6, 2012 (E’s completion date of registration of initial ownership relating to each of the instant buildings) at the latest, and the Plaintiff incurred additional construction costs of KRW 27,000,000 in the process.
3) E paid to the Plaintiff KRW 715,730,000 out of the total construction cost and additional construction cost (i.e., KRW 1,750,00,000,000, KRW 27,000,000, and value-added tax separately), and KRW 504,240,000 shall be paid directly to the subcontractor, and the unpaid construction cost shall be KRW 557,030,000 (i.e., KRW 1,777,00,000 - KRW 715,730,000 - KRW 504,240,000 - value-added tax included in the attached list of real estate (hereinafter “each real estate of this case”).
(1) On February 6, 2012, E and Defendant B’s right to collateral security (1) completed the registration of ownership transfer for each of the instant buildings on February 6, 2012 and completed the registration of ownership transfer for each of the lands listed in paragraphs 1, 2 and 3 of the attached Table and the registration of ownership transfer for each of the instant buildings on February 6, 2012 to Defendant B on the same day.
2) As to each of the instant real property on February 8, 2012, Defendant B: (a) provided the Defendant C with a maximum debt amount of KRW 1,560,000,000 (hereinafter referred to as the “mortgage-mortgage-mortgage”);
C. The Plaintiff set up and ordered a provisional disposition prohibiting the disposal of each of the instant real estate and the instant collateral security, and the revocation thereof, 1).
1 Each of the instant real estates against Defendant B on the ground that the sales contract dated February 6, 2012 in Paragraph 1 was a fraudulent act.