1. On February 15, 2017, a sales contract concluded between Nonparty B (C) and the Defendant on real estate stated in the separate sheet was concluded.

1. Basic facts

A. On March 12, 2015, the Plaintiff provided a credit guarantee to Nonparty D Co., Ltd. to obtain a loan from the Industrial Bank of Korea, and Nonparty B provided a joint and several guarantee to Nonparty D’s debt against the Plaintiff.

D borrowed a total of KRW 220 million from the Industrial Bank of Korea.

B. Since then, the grounds for loss of the benefit of time occurred to D Co., Ltd., and the Plaintiff repaid KRW 221,920,738 in subrogation of D Co., Ltd. to the Industrial Bank of Korea on July 28, 2017.

C. Meanwhile, on March 2, 2017, B completed the registration of ownership transfer for reasons of sale as of February 15, 2017, on the real estate listed in the separate sheet, which is the only property owned by B (hereinafter “instant real estate”).

(hereinafter “instant sales contract”). D.

On June 1, 2017, the Defendant completed the registration of creation of a mortgage over the maximum debt amount of KRW 34.8 million to E with respect to the instant real estate, and on June 2, 2017, the registration of creation of a mortgage (the maximum debt amount of KRW 38.4 million, the mortgagee E, and the debtor B) was cancelled on September 3, 2015, which was established on the instant real estate.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 3, and 4, and the purport of the whole pleadings

2. Determination

A. (i) The Plaintiff’s claim for indemnity against B did not have yet occurred on February 15, 2017, which is the date of the instant sales contract; however, in light of the fact that B’s joint and several guarantee under a credit guarantee contract on March 12, 2015, and that the legal relationship which forms the basis of the establishment of the claim was already occurred, and that the Plaintiff subrogated for the loan to the Bank at least five months after the date of the sales contract, it is reasonable to deem that there was a high probability of the establishment of the claim for indemnity at the time of the conclusion of the instant sales contract.

Therefore, the plaintiff's claim for reimbursement against B is the creditor's right of revocation.

dr.