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1. The defendant is based on the sale on August 11, 2004 with respect to each real estate listed in the separate sheet to the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff entered into the instant agreement with C on several occasions from around 2003, while lending money to C more than one billion won on August 11, 2004, and concluded an agreement with C on a repayment plan, security, etc. (hereinafter “instant agreement”) regarding the total amount of loans KRW 2.1 billion and the total amount of loans KRW 3.1 billion.
The specific contents are as follows:
A (C) A (Plaintiff) and B (C) enter into a monetary loan agreement as follows:
1. Eul borrowed 1.0 billion won from Eul in 2003 to 2.1 billion won, Eul borrowed from Eul in addition to the above 1.0 billion won on the date of conclusion of this Agreement.
2.B The time limit for the full payment must be 3.1 billion won, which is the sum of 1.1 (i) and 2 (ii) above, to A by September 30, 2004.
4. Guarantee II: 1) A transfer of a portion of the commercial building under the command of B for the purpose of ensuring the full payment of the loans set forth in the above 2 subparagraph 1 to B, and in this case, A shall be deemed to have paid the full amount of the cost of the commercial building to the Defendant at the same time as the contract and the contract for the supply of the commercial building is concluded. 2) Upon the full payment of the above 2 subparagraph 2, B shall return to B the commercial building set forth in the above 4-1 (the right to parcel out) and at this time, B shall be deemed to have repaid the cost of the commercial building. 3) If B is unable to repay the above 2 subparagraph 2 within the given period, A shall be entitled to exercise the rights and authority under the above 4-1 (the right to parcel out). 4) If B fails to repay the above amount within the given period, notwithstanding the provisions of the separate contract for the supply of the commercial building, the ownership of this commercial building shall be paid to A in lieu of the provisions of the contract.
B. Accordingly, according to the conclusion of the instant several sale contract, the Defendant’s trade name “D” and “D” at the time of the conclusion of the contract.