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Defendant A shall pay to the Plaintiff KRW 59,734,021 and KRW 56,700,000 among them, from January 3, 2020 to March 15, 2020.
Reasons
1. Determination as to claims against Defendant A and C
(a) Indication of claims: To be as shown in the reasons for the claims;
(b) Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);
2. Determination as to the claim against the defendant B
A. 1) On July 2019, the Plaintiff had a claim for a loan of KRW 56,700,000 against Defendant A, as indicated in the attached Form, as indicated in the cause of the claim. 2) On July 1, 2019, Defendant A entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with respect to the real estate as the only real estate owned by Defendant B and Defendant A (hereinafter “instant real estate”), and completed a provisional registration for the right to claim a transfer of ownership against Defendant B.
3) As of the date of the instant promise to sell and purchase the instant real estate, Defendant A had a total of KRW 56,700,000 against the Plaintiff, KRW 19,920,00 for D Co., Ltd., KRW 5,920,00 for E Co., Ltd., KRW 119,425,00 for Korea Housing Finance Corporation, KRW 50,000 for Defendant C, and KRW 251,965,00 for the total amount of loans, etc. to Defendant C, and the market price of KRW 135,00,00 for active property was 135,00,000 for the instant real estate. The instant real estate was 135,000 for the market price without any grounds for recognition, each of the statements in subparagraphs 1 through 8, the head of this court, the head of this court, the head of the F Co., Ltd, the fact inquiry results
B. 1) The Plaintiff’s above loan claims against Defendant A constitute a preserved claim for the obligee’s right of revocation. 2) In a case where the obligor’s assets are insufficient to fully repay the obligor’s debts, the obligor’s act of promising to sell and purchase real estate, which is the only property, to some creditors, constitutes a fraudulent act barring special circumstances (see Supreme Court Decision 2011Da100862, May 9, 2013). According to the facts acknowledged earlier, the instant promise to sell and purchase this case’s real estate is an act of promising the Defendant A to sell and sell the only real estate in excess of the obligor’s positive property, and barring special circumstances, barring special circumstances.