1. As to the defendant among the judgment of the first instance, including a claim that was modified by this court in the course of litigation and in exchange.

1. Basic facts

A. The Plaintiff’s Intervenor and the Plaintiff Company B (hereinafter “B”) concluded with the O Co., Ltd. (hereinafter “O”) with a performance guarantee insurance contract for the payment guarantee of the sales price of goods on credit under the designated parts sales store contract.

C and D have signed the above insurance contract as a joint and several surety in B.

C On June 27, 2018, on the ground that B did not perform its obligation to pay the price, the Plaintiff claimed insurance proceeds to the Plaintiff. On August 1, 2018, the Plaintiff paid KRW 100 million with the insurance proceeds.

The Plaintiff’s Intervenor paid KRW 10,088,329 on the same day to the principal of the insurance money.

B. The Plaintiff’s Intervenor filed a lawsuit against B, C, and D seeking reimbursement for KRW 89,91,671 (i.e., KRW 100 million - KRW 10,088,329) and damages for delay thereof. On July 16, 2019, the Plaintiff’s Intervenor rendered a favorable judgment in full favor of the Plaintiff’s Intervenor and became final and conclusive.

C. On July 10, 2018, the Defendant purchased each of the instant real estate from C in total of KRW 35,500,000.

(hereinafter referred to as “instant sales contract”). C received on July 11, 2018, the Suwon District Court: (a) received on July 11, 2018 with respect to 1 real estate listed in the separate sheet; (b) received on July 11, 2018; (c) received on July 11, 2018, No. 50765 with respect to 2 real estate listed in the separate sheet, and (d) completed the registration of ownership transfer for 4 real estate listed in the separate sheet with respect to the Suwon District Court’s Macheon District Court’s Macheon District Court’s Macheon Branch Office of 11, 2018, received on July 11, 2018; and (b) completed the registration of ownership transfer for 3 real estate listed in the separate sheet with respect to 4 real estate as a trade on July 10, 2018.

A around July 10, 2018, where the instant sales contract had been concluded, C had the value of each of the instant real estate (the value at the time is KRW 35,500,000) and the value at the time of 222,50,000 square meters, F apartment G reinforced concrete building G, Suwon-si, Suwon-si, and KRW 84.92 square meters, or the registration of establishment of a mortgage of KRW 130,000,000, around the maximum debt amount.