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1. A donation contract concluded on January 5, 2016 between the Defendant and B regarding one-half share of the real estate listed in the separate sheet.
Reasons
1. Facts of recognition;
A. On August 10, 2015, the Plaintiff entered into a contract for goods supply with C Co., Ltd. (hereinafter “Non-Party Company”) on various steel products, etc., and the representative director B of the Non-Party Company jointly and severally guaranteed the obligations owed by the Non-Party Company under the above contract for goods supply.
B. From August 2015 to December 2015, the Plaintiff supplied steel products worth KRW 445,731,748 in total, and KRW 222,197,86 in total, face value issued by Daesung Electric Co., Ltd., as part of the purchase price of the goods, were endorsed and transferred by Nonparty Co., Ltd., but Daesung Electric Co., Ltd. was in arrears as of January 13, 2016.
C. Meanwhile, as of January 2016, the Plaintiff’s outstanding claim against Nonparty Company remains more than 139,039,872, excluding the aforesaid promissory note payment.
B and the Defendant completed the registration of ownership transfer at the ratio of 1/2 shares, respectively, on the grounds of sale as of February 15, 201, on the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) on December 5, 2013.
E. On January 5, 2016, the Defendant entered into a donation contract with B (hereinafter “instant donation contract”) with respect to one-half shares of the title B among the instant real estate, and completed the registration of transfer of the entire shares of Suwon District Court No. 1178, Jan. 5, 2016, No. 20178, Jan. 5, 2016.
F. On December 5, 2013, the establishment registration of a neighboring mortgage as a national bank, a debtor B, and a secured mortgage company, was completed on December 5, 2013 with respect to the whole real estate of the instant case.
G. As of January 5, 2016, the market price of the instant real estate as of January 5, 201 is KRW 420,670,000,000, and the actual amount of the secured debt at the registration of the establishment of the said mortgage is KRW 186,00,000.
H. B does not have any property other than the share of 1/2 of the instant real property.
[Reasons for Recognition] In fact that there is no dispute, Gap evidence 1 to 7, Eul evidence 1 and 2 (including each number, if any).