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1. As to the real estate listed in the separate sheet, the sales contract concluded on August 10, 2016 between the Defendant and A is denied.
Reasons
1. Facts of recognition;
A. On March 14, 2014, and March 28, 2016, the Gyeongbuk Credit Guarantee Foundation entered into a credit guarantee agreement with A (hereinafter “instant guarantee agreement”). A was granted loans from the Industrial Bank of Korea and the new bank as security each credit guarantee agreement received from the Gyeongbuk Credit Guarantee Foundation.
According to the guarantee agreement of this case, when the Gyeonggi-do Credit Guarantee Foundation has performed the guaranteed obligation, A shall pay the amount of the guaranteed obligation and the amount of damages, etc. determined by the Gyeonggi-do Credit Guarantee Foundation from the date of repayment to the date of repayment.
B. A failed to pay the principal and interest of each of the above principal and interest, and caused each credit guarantee accident on August 23, 2016, and November 29, 2016. A paid 16,24,740 won to the Industrial Bank of Korea on November 22, 2016, and 10,016,16,164 won to the new bank on January 3, 2017.
C. On August 10, 2016, A entered into a sales contract to sell real estate listed in the separate sheet (hereinafter “instant apartment”) (hereinafter “instant sales contract”) to the Defendant, who is an earlycar (hereinafter “instant apartment”), and the same year.
9.5. The Defendant completed the registration of ownership transfer on the instant apartment.
A was in excess of the obligation at the time of the instant sales contract, and was declared bankrupt on July 6, 2017, and was appointed as a bankruptcy trustee by attorney B as a bankruptcy trustee.
E. The trustee in bankruptcy took over the instant lawsuit filed by the Gyeongbuk Credit Guarantee Foundation against the Defendant, and changed to the lawsuit of denial under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (if there are serial numbers, including numbers; hereinafter the same shall apply), the Ministry of Land, Infrastructure and Transport, North-Gu Office at Port, South-gu Office, and Korea Credit Information Institute, the purport of the whole arguments, as a result of the fact inquiry.
2. Determination
A. According to the fact of denial of the sales contract of this case and the fact of recognition as above, A shall be the defendant in excess of his/her obligation.