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1. The sales contract concluded on January 11, 2017 between Nonparty B and the Defendant with respect to each real estate listed in the separate sheet was 48.
Reasons
1. The following facts may be acknowledged in light of Gap evidence 1-1, 2, Gap evidence 2-4, Gap evidence 6-1, 2, Gap evidence 7, Eul evidence 8, Eul evidence 1, Eul evidence 4-1, 2, Eul evidence 6-10, Eul evidence 12, Eul evidence 12, the results of the inquiry of the fact by the Minister of Land, Infrastructure and Transport, and the purport of the whole arguments as a result of the inquiry by the Minister of Land, Infrastructure and Transport, and there is no counter-proof.
(1) On May 26, 2016, the non-party Unmanned Investment Securities Co., Ltd. (hereinafter “Non-party Co., Ltd.”) acquired non-party Co., Ltd.’s non-party Co. (hereinafter “Non-party Co., Ltd.”) bonds worth KRW 1 billion per share issued by the non-party Co., Ltd. and paid KRW 1 billion to the non-party Co., Ltd. (hereinafter “Non-party Co., Ltd.”). The non-party Co., Ltd
(2) The Plaintiff entered into a contract for asset transfer from a stock company with securities investment securities in accordance with the Asset-Backed Securitization Act on the same day and acquired the principal and interest of the above privately placed bonds.
(3) However, around February 9, 2017, the non-party company lost the benefit of time under the terms and conditions set forth in the contract to underwrite the private equity bonds, due to the delinquency in paying the principal to the Korea Credit Guarantee Fund.
B. On January 9, 2017, B entered into a sales contract between B and the Defendant with the purport of selling for KRW 400 million the real estate listed in the separate sheet (hereinafter “instant real estate”) that was owned by the Defendant, which was, around January 9, 2017. On the same day, B entered into a sales contract with the same content that would sell the instant real estate for KRW 400 million as of January 11, 2017 (hereinafter “instant sales contract”), and completed the registration of ownership transfer for the instant real estate to the Defendant on the same day.
C. At the time of January 11, 2017, the instant sales contract was concluded against B’s insolvent (1).