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1. As to KRW 30,174,012 and KRW 29,889,658 among the Plaintiff, Defendant A shall be from October 10, 2018 to February 28, 2019.
Reasons
1. Claim against the defendant A;
(a) Indication of claims: To be as shown in the reasons for the claims;
(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);
2. Claim against the defendant B
A. The facts of recognition 1) Defendant A entered into a credit guarantee agreement with the Plaintiff on October 22, 2015 with the credit guarantee principal of KRW 42,50,00,000 and the credit guarantee term of KRW 50,000,000, which was issued by the Plaintiff and received a credit guarantee certificate from the Plaintiff, and submitted it to C Bank and borrowed KRW 50,000,000,000. However, Defendant A delayed payment of the principal and interest of the above loan, and the credit guarantee accident occurred on September 21, 2018, and the Plaintiff subrogated C Bank for KRW 30,593,238 on behalf of the Plaintiff on December 10, 2018.
3) Meanwhile, around August 16, 2018, Defendant A’s real estate indicated in the separate sheet (hereinafter “instant real estate”) that he/she owns on or around August 16, 2018.
2) The sales contract of this case to Defendant B (hereinafter “instant sales contract”).
(4) At the time of the conclusion of the instant sales contract, Defendant A had no specific property other than the instant real estate at the market price of KRW 683,586,60,00 at the time of the conclusion of the instant sales contract, and Defendant A was in excess of the debt due to (i) the amount of loans of D Union secured by the instant real estate amounting to KRW 540,00,000, 26,000, 36,000, 36,000, 3,200, 200, 13,4,43,411,000, 5,000, 21,000, 21,000, 5,000, etc., 21,000, 5,000.
5) On August 29, 2018, the day after the instant contract was concluded, Defendant A repaid the debt of the said D Association, and cancelled the registration of creation of a neighboring mortgage on the instant real estate. On the same day, Defendant B completed the registration of creation of a neighboring mortgage on the instant real estate as the obligor B, Defendant B, and the mortgagee D, respectively. [In the absence of any grounds for recognition, the facts alleged in the dispute, the entries in the evidence Nos. 1 through 3, 5, and 8, the reading and viewing of the instant court, and the fact-finding on the D Association, respectively.