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1. The sales contract concluded on March 8, 2019 between the Defendant and B on each real estate listed in the separate sheet was 64,146.
Reasons
1. Facts of recognition;
A. On March 15, 2016, the Plaintiff entered into a credit guarantee agreement with B (the principal of the credit guarantee amounting to KRW 99 million, the credit guarantee period from March 15, 2016 to March 14, 2017, and the credit guarantee period has changed on March 6, 2017 and April 3, 2018, and the final guarantee period has changed on March 14, 2019. (ii) B had caused a guarantee accident due to delinquency in payment of principal to the Industrial Bank of Korea on March 14, 2019. Accordingly, the Plaintiff subrogated for the amount of KRW 9 million (Article 6(1)4913), and the Plaintiff subrogated for the total amount of KRW 10,314,00 in accordance with the credit guarantee agreement.
B. (1) B, on March 8, 2019, concluded a sales contract with the Defendant, who is an employee, on each of the real estate listed in the separate sheet owned by him, and completed the registration of ownership transfer on the same day. (2) After completing the registration of ownership transfer, the Defendant concluded a mortgage contract with C Union and the maximum debt amount of KRW 6.5 million with the Defendant, and completed the registration of creation (fiveth mortgage).
C. Around March 8, 2019, the value of active property (won) as of March 8, 2019: (a) 3,000 C. 3,000,000 C. 36,000,000 C. 30,000,000 C. 33,000,000,000,000 C. 14,4445,900 G. 14,4445,906 Korea Workers’ Compensation & Welfare Corporation 24,709,960 U.S. Non-National Health Insurance Corporation (U.S. 143,146,000,207,155,866 / [Grounds] No dispute over the aggregate of the value of active property (won) as of each real estate attached to 97,146,000 D. 5) / [36,00 E. F. 46,000 C.
2. Determination
A. Although the Plaintiff’s claim for prior reimbursement against B arose on March 14, 2019, immediately after the Defendant’s contract was concluded, the credit guarantee agreement, which forms the basis thereof, has already been more than three years prior to the date of conclusion of the Defendant’s contract.