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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On June 17, 2011, the Plaintiff entered into a credit guarantee agreement with the Co-Defendant A Co-Defendant A Co-Defendant A (hereinafter “A”) of the first instance trial to guarantee the obligation of the “corporate facility finance small and medium enterprise” loans to the bank of the said company within the scope of KRW 1.26 million up to June 2019, and the Co-Defendant C, Co-Defendant C, Ltd (the representative of A and C as the Defendant’s pro-friendly type) of the first instance trial jointly and severally guaranteed the obligation of indemnity to be borne by A in accordance with the said credit guarantee agreement on the same day.
B. A, on January 3, 2013, caused a credit guarantee accident to the bank as a natural body, and the Plaintiff subrogated to the bank 640,326,976 won on April 5, 2013 in accordance with the credit guarantee agreement.
C. On the other hand, on February 4, 2013, B entered into a contract with the Defendant on the establishment of a mortgage (hereinafter “instant mortgage contract”) with respect to the establishment of a mortgage with respect to the amount of 30,446 square meters of land, Nan Forest and Forest, O Forest and Forest, and 1,003 square meters (hereinafter “each of the instant real property”) in Gyeyang-gu, Seoyang-gu, Seoyang-gu, which is one’s own possession, and on the other hand, on February 5, 2013, B completed the registration of establishment of a mortgage with respect to each of the instant real property as the debtor, 1,287,60,000 won (hereinafter “the creation of a mortgage”).
The property condition B at the time of concluding the instant mortgage contract is as follows.
1) Active property: Evidence A No. 13
1. Grounds for recognition as equivalent to KRW 54,568,00,000 at the market price of the above F 76 square meters: Evidence No. 13;
1. D) The market price of H 24,099 square meters in the above G field equivalent to KRW 2,621,865 square meters in the above G field 2,985 square meters x the officially assessed individual land price 】 24,116,366 square meters x 24,099 square meters in the above G field.