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1.(a)
Defendant A and Nonparty C entered into a contract on March 25, 2016 with regard to the real estate stated in attached list No. 1.
Reasons
1. Basic facts
A. The Plaintiff’s claim 1 against E and C is only the Plaintiff’s claim on November 2010 and around March 2015, 2015, E Co., Ltd. (hereinafter “E”).
(2) On November 15, 2016, and February 15, 2017, the Plaintiff paid 213,116,715 won to F Bank on February 28, 2017 to F Bank on the ground that the Plaintiff caused a credit guarantee accident due to a loss of benefit due to delayed payment of principal and interest of the loan obligation, as a result of a credit guarantee accident on November 15, 2016 and February 15, 2017.
3) The Plaintiff filed an application for a payment order against E and C for the indemnity and its delayed payment damages, etc., and then “E and C shall jointly and severally pay to the Plaintiff KRW 277,889,042, and KRW 62,609,685 among them, KRW 217, February 21, 2017 to KRW 213,116,715, KRW 10 per annum from February 28, 2017 to the service date of each application for payment order, and KRW 15% per annum from the next day to the day of full payment.” The payment order became final and conclusive around that time. (b) Defendant A loaned KRW 10,000,000 to E under a joint and several surety between C and Defendant A, and lent KRW 10,000,000 to E on March 1, 2016.
2) However, E and C were unable to repay the loan even after the due date. 3) On March 25, 2016, in order to secure the obligation to repay the loan, C concluded a mortgage contract with Defendant A on March 25, 2016 with regard to the real estate in the attached list No. 1, which is owned by C, and completed the registration of creation of a mortgage over KRW 120,000,000 on the same day.
(C) Article 2(1) of the Civil Act provides that “The establishment of a mortgage-backed security contract shall be registered as “the establishment of a mortgage-backed security contract of this case” and “the establishment of a mortgage-backed security contract of this case” shall be registered.
C Contract of gift between C and Defendant B shall be dated 2016.