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1. The sales contract concluded on October 8, 2012 between the defendant and the non-party B on the real estate stated in the separate sheet was 38,878.
Reasons
1. Basic facts
A. On June 26, 2012, the Plaintiff lent KRW 150,000,00 to Nonparty B on the following terms:
(hereinafter referred to as “instant loan agreement” . 1) The first payment date: July 20, 2012; the due date: June 20, 2016 (48 installment repayment) interest rate: 15.5% per annum; interest rate of 25% per annum; interest rate of 150,000,000 won; interest rate of 51,829,808 won per annum; total amount of 201,829,808 won;
B. On June 26, 2012, in order to secure the above loan claims, the Plaintiff obtained a mortgage from the Defendant on the cargo vehicle C, Inc. (hereinafter “instant cargo vehicle”) owned by the Defendant, with a claim amounting to KRW 75,000,000. On August 2, 2012, B created a mortgage on the instant cargo vehicle with a claim amounting to KRW 200,000,000, with a claim amounting to KRW 130,000,00 on February 7, 2013.
C. On November 16, 2012, the Defendant received the registration of ownership transfer from the Plaintiff, the father of the Defendant, for the reason of the sales contract on October 8, 2012 (hereinafter “instant sales contract”), on the real estate indicated in the separate sheet (hereinafter “instant real estate”).
At the time of the instant sales contract, the establishment registration of a mortgage (hereinafter “mortgage registration”) was completed with respect to the instant real estate at the time of the instant sales contract, with the maximum debt amount of KRW 84,000,000, and with the debtor B, the mortgagee B, the mortgagee-mortgage Co., Ltd., Korea Standards, but after the Defendant received the registration of ownership transfer as above with respect to the instant real estate, the registration of ownership transfer was completed
3. The registration of the establishment of a neighboring mortgage was cancelled.
E. At the time of the instant sales contract, the Defendant paid the principal and interest of KRW 3,830,558 (i.e., principal and interest of KRW 2,275,250) and KRW 4,212,750 (i.e., principal and interest of KRW 2,304,639), and KRW 4,212,750 (i.e., principal and interest of KRW 1,908,111) on September 20, 2012).