1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement, etc. with B on February 5, 2008, but on March 2009, the Plaintiff subrogated to the National Bank of Korea for KRW 44,413,252 on April 29, 2009, as the credit guarantee accident occurred in March 2009, and the amount of KRW 21,017,756 on May 29, 2009.

(hereinafter “instant subrogation”). (b)

On December 16, 2009, the Defendant decided to purchase at KRW 100 million (hereinafter “instant sales contract”) 1/2 of B’s shares (hereinafter “instant shares”) out of the 1,507 square meters (hereinafter “instant real estate”) of the Cheongju-gu, Seo-gu, Seo-gu, Seo-gu, Seoul (hereinafter “instant real estate”), in which the Defendant and B shared one-half shares (hereinafter “instant ownership”). On December 21, 2009, the Defendant filed the ownership transfer registration under the name of the Defendant (hereinafter “instant ownership transfer registration”).

C. As to the instant share, on December 1, 2006, the Defendant’s husband, KRW 45 million of the maximum debt amount, KRW 130 million of the secured debt amount, KRW 130 million of the secured debt amount, and KRW 20 million of the secured mortgage (hereinafter “second secured mortgage”) against the Defendant’s husband, was respectively set up on July 8, 2008, and the secured mortgage against the obligor B (hereinafter “second secured mortgage”). However, on December 21, 2009, the registration of the establishment of the second secured mortgage was cancelled due to the termination on December 16, 2009.

B was in excess of the obligation at the time of the instant sales contract.

E. On March 23, 2010, the Plaintiff filed a lawsuit against B seeking the payment of indemnity amount under the instant subrogation (Seoul Western District Court 2010Da16642), and on May 25, 2010, the lower court rendered a judgment in favor of the Plaintiff that “the Defendant would pay to the Plaintiff 67,026,506 won and 43,926,952 won among them, with 21,017,765 won from April 29, 2009 to April 15, 2010, with 15% per annum from May 29, 2009 to April 15, 2010, and 20% per annum from the next day to the date of full payment (hereinafter “the final judgment of this case”). The final judgment of this case”) became final and conclusive around that time.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 2, and Eul 2.