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1. As to each real estate listed in the Schedule of Attached 1:
A. On September 12, 2016 between D and Defendant A Co., Ltd.
Reasons
1. Basic facts
A. From January 201 to February 2015, D Co., Ltd. (hereinafter “Nonindicted Company”) borrowed a total of KRW 1,722,707,000 from F Bank, etc. four times under the Plaintiff’s credit guarantee, and E, the representative director of the Nonparty Company, jointly and severally guaranteed all obligations owed by the Nonparty Company to the Plaintiff under the said credit guarantee agreement.
B. On August 11, 2015, the Plaintiff paid the principal and interest of KRW 65,59,59,592 on September 15, 2015, pursuant to the credit guarantee agreement with the Nonparty Company, following the occurrence of a guarantee accident by filing an application for commencement of rehabilitation procedures (U.S. District Court Decision 2015 Gohap1024), the Plaintiff paid the principal and interest of KRW 153,825,696 on September 15, 2015, pursuant to the said credit guarantee agreement with the Nonparty Company.
C. After that, on September 8, 2016, the rehabilitation procedures for the non-party company were decided to discontinue the rehabilitation procedures on the grounds that the rehabilitation plan was not implemented and its liquidation value was not guaranteed, and the rehabilitation procedures were decided on September 23, 2016.
Meanwhile, on June 21, 2016, E entered into a sales contract with Defendant C on June 21, 2016, and completed the registration of ownership transfer under receipt No. 34870 on August 1, 2016. On September 12, 2016, E entered into a sales contract with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) who is a rehabilitation creditor on September 12, 2016 with respect to each of the real estate listed in the separate sheet No. 1 attached hereto, and completed the registration of ownership transfer under receipt No. 42163 on September 13, 2016.
(hereinafter referred to as “each of the instant sales contracts” in total. E.
At the time of each sales contract of this case, the non-party company and E had already ceased to exceed the obligation exceeding the active property.
【Based on Recognition, entry of Evidence Nos. 1 to 6, 8-45 (including additional numbers), G institutions of this Court, Ansan-si, Pyeongtaek-si, Jin-si, Korea Development Bank, and IBK Bank, respectively, and the purport of the entire arguments.