2. The costs of lawsuit shall be borne by the Plaintiff.

A. On January 11, 2018, the Plaintiff entered into a guarantee agreement with the non-party company on the basis of the request for the guarantee of the non-party company, setting the principal amount of KRW 100,000,000, and the period of guarantee on January 11, 2019. According to the said agreement, when the Plaintiff performed the said guarantee obligation, the non-party company provided that the non-party company shall pay to the Plaintiff the amount of the Plaintiff’s repayment on behalf of the Plaintiff, damages after the date of performance, and all other incidental obligations, such as legal procedure

The non-party company received a loan from D bank after obtaining a guarantee from the plaintiff in accordance with the above agreement, but did not repay the loan principal after losing the benefit of time due to this natural body on June 13, 2019.

On September 26, 2019, the Plaintiff, as a guarantor of the non-party company, repaid the loan principal to D Bank on behalf of the non-party company, and thereafter requested a payment order (Tgu District Court No. 2019, No. 18402) for indemnity against the non-party company to pay the non-party company the amount of KRW 102,136,891 and KRW 101,364,850 per annum from September 26, 2019 to the delivery date of the original copy of the instant payment order, and KRW 10% per annum from the following day to the full payment date.”

The above order was finalized on February 7, 2020.

B. On October 17, 2018, prior to the occurrence of a guarantee accident (the date of the accident, June 13, 2019), the non-party company filed for registration of the right to request the transfer of ownership in the Defendant’s future on October 16, 2018 on the instant real estate (hereinafter the instant promise to purchase and sell the real estate).

At the time, the non-party company did not have any property other than the instant real property.

[Evidence] Evidence Nos. 1 through 3, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s promise to sell and purchase the instant real estate between the Nonparty Company and the Defendant constitutes an act of deception against the Plaintiff, who is a general creditor, and thus, seek its revocation and restitution.

B. (1) Determination