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1.The judgment of the first instance shall be modified as follows:
Each real estate indicated in the separate sheet between the defendant and B.
Reasons
1. Basic facts
A. On August 28, 2009, the Plaintiff’s claim against B (1) the Gyeonggi Savings Bank Co., Ltd. (hereinafter “Game Savings Bank”) entered into a credit transaction agreement with C Co., Ltd. (hereinafter “C”) and borrowed KRW 7 billion.
(2) On August 30, 2010, B entered into a comprehensive collateral guarantee agreement up to KRW 8.82 billion with respect to obligations, such as credit transactions, currently and in the future, to the Gyeonggi Savings Bank.
(3) B has served as a representative director, auditor, or internal director of C.
(4) On September 29, 2011, C began to pay the principal and interest of a loan under the said credit transaction agreement to the Gyeonggi Savings Bank. By October 30, 2013, C failed to pay the principal amount of KRW 6.3 billion, interest amount of KRW 30 million, interest amount of KRW 30 million, 184,844.
(5) The Gyeonggi Savings Bank was declared bankrupt on July 1, 2013 (Seoul Central District Court 2013Hahap88), and the Plaintiff was appointed as the bankruptcy trustee of the Gyeonggi Savings Bank.
B. B’s disposal of property and property status (1) B entered into a sales contract (hereinafter “instant sales contract”) with the Defendant on November 2, 201, each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) (hereinafter “instant real estate”). On November 14, 201, the Defendant completed the registration of ownership transfer with respect to each of the instant real estate.
(2) The market price of each of the instant real estate around October 7, 201 is KRW 501,01,012,650, and the market price around April 23, 2014 near the date of closing argument at the fact-finding court of this case is KRW 538,958,200.
(3) In addition to each of the instant real estate, B owned a 1,018 square meters of the Fri-gun, Chungcheongnam-gun, Chungcheongnam-do, the transaction value of which is equivalent to KRW 14,761,00,000, and accordingly, B was in excess of the obligation at the time of concluding the instant sales contract
[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 6, Eul's evidence 1, appraiser G's appraisal result, the purport of whole pleading
2. Determination
A. According to the facts above, the establishment of the preserved claim is established.