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1. The sales contract between the Defendant and B on April 3, 2014 as to each real estate listed in the separate sheet is KRW 35,766,42.
Reasons
1. Facts of recognition;
A. On February 7, 2014, B obtained a loan of KRW 42 million from the Daegu bank under the Plaintiff’s credit guarantee, and on April 30, 2014, a guarantee accident occurred due to B’s temporary or permanent closure.
B. On April 16, 2015, the Plaintiff subrogated for KRW 36,427,848 to the Daegu Bank. The amount of the Plaintiff’s claim for indemnity against B arising therefrom is KRW 36,956,418 (i.e., the amount of subrogated payment of KRW 36,427,848 by subrogation of KRW 386,850 by subrogation of KRW 141,720).
C. On May 12, 2014, B entered into a sales contract with the Defendant as to the site and buildings listed in the separate sheet owned by B (hereinafter “each of the instant real estate”) with respect to purchase price of KRW 125 million, down payment of KRW 100 million, and the remainder payment date of the purchase price (hereinafter “instant sales contract”) and completed the registration of ownership transfer for each of the instant real estate to the Defendant on May 13, 2014, which is the following day.
On June 5, 2014, each of the instant real estate was issued: ① the decision of temporary injunction against disposal by the application of the Korea Technology Credit Guarantee Fund (the right to claim the cancellation of ownership transfer registration by fraudulent act); ② the decision of provisional injunction against disposal by the application of the Korea Technology Credit Guarantee Fund on July 8, 2014 (the right to claim the cancellation of ownership transfer registration by fraudulent act).
E. The Defendant repaid KRW 23,868,909 to the Korea Technology Credit Guarantee Fund in subrogation of B around June 23, 2014.
F. On July 23, 2014, the Defendant agreed to the effect that “the Defendant redeems KRW 17,103,526 to the Credit Guarantee Fund on behalf of the Defendant in subrogation of B, and the Defendant pays the said amount in installments in 300,000 won per month,” and then remitted KRW 17,114,391 to the Credit Guarantee Fund on July 25, 2014.
G. On June 25, 2014, the Defendant: (a) set the part of the building (hereinafter “instant building”) on each of the instant real estate to C as KRW 60 million; and (b) on July 19, 2014, part of the first floor of the instant building to D is the deposit money.