1. The sales contract concluded on October 19, 2017 with respect to the real estate listed in the separate sheet between Defendant A, B, and D is 166,086.

Facts of recognition

The Plaintiff entered into a credit guarantee agreement with D as follows, and D obtained a loan from an enterprise bank on February 11, 2014 (the change to February 9, 2018 thereafter) based on the period of guarantee of KRW 40,000,000 (the change to KRW 331,50,000) of the guaranteed principal on February 12, 2013 (the change to February 2, 2018) on February 11, 2014 (the change to February 9, 2018).

According to the above credit guarantee agreement, when D does not pay a loan to a company bank, and the Plaintiff performs the guaranteed obligation, D shall pay to the Plaintiff the amount of subrogation and the amount of delay compensation calculated at the rate of 10% per annum, the amount of attempted penalty, and other legal procedural costs paid by the Plaintiff.

D As the Plaintiff lost the benefit of time due to the Plaintiff’s failure to pay interest on loans to a corporate bank, the Plaintiff subrogated 153,591,031 won to a corporate bank on March 9, 2018, paid substitute payment of KRW 1,575,106 in relation to the claim for reimbursement. Under the credit guarantee agreement above, 63,340 won of penalty for attempted penalty was generated.

On the other hand, D on October 19, 2017, sold a building listed in the attached Table (hereinafter “instant apartment”) to Defendant A and B (hereinafter “instant apartment”) (hereinafter “instant sales contract”), and completed the registration of ownership transfer concerning the instant apartment on October 27, 2017.

On November 2, 2017, Defendant A and B set the maximum debt amount of KRW 150,00,000 with respect to the instant apartment as KRW 150,000 with respect to the instant apartment, and completed the registration of creation of a neighboring mortgage (hereinafter “mortgage”) on October 31, 2017.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6 (including branch numbers in case of additional number; hereinafter the same shall apply), Eul evidence Nos. 1, 8, Eul evidence Nos. 2 and 5, and claims protected by the obligee's right to revocation of fraudulent act as a whole by determination of the purport of the whole pleadings are, in principle, the obligor.