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1. The sales contract concluded on December 26, 2017 between the Defendant and B is revoked.
2.
Reasons
1. Facts of recognition;
A. (i) The Plaintiff entered into a credit guarantee agreement with Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) on May 21, 2013 and May 24, 2016 on two occasions, and issued a credit guarantee certificate under the said credit guarantee agreement. The Nonparty Company was granted a loan from Nonparty D Bank as security at the time of entering into the said credit guarantee agreement.
D. At the time of the above credit guarantee agreement, the non-party company entered into an indemnity agreement with the purport that the Plaintiff shall pay the amount of subrogation paid by the Plaintiff to the Plaintiff and the damages for delay as prescribed by the Plaintiff, and the non-party company B, the representative director of the non-party company,
Article 22(1) of the Act provides that “The Plaintiff shall pay the principal and interest of the loan to a bank in arrears on February 28, 2018.” The Plaintiff shall pay the principal and interest of the loan to a bank on June 15, 2018.”
B. On December 26, 2017, the Defendant entered into a sales contract: (a) purchased real estate listed in the separate sheet listed in B (hereinafter “instant real estate”); (b) KRW 380,000,000 among the real estate in the separate sheet listed in B (hereinafter “instant real estate”); and (c) concluded a sales contract with the purport that the Defendant shall separately pay KRW 50,000,000 to the Defendant for the repayment of the loan deposit; and (d) completed the registration of ownership transfer on January 12, 2018, by paying the remainder of KRW 50,000 to B on December 29, 2017 (hereinafter “instant sales contract”); and (e) completed the registration of ownership transfer on January 12, 2018.
(hereinafter “instant transfer registration”) C.
At the time of the conclusion of the instant sales contract, the non-party Company B bears the joint and several surety debt amounting to KRW 177,760,000, and the non-party Company bears to the D Bank.