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On November 12, 2015, it was concluded between Defendant B and Nonparty D (E) on the real estate listed in the separate sheet (2).
Reasons
Facts of recognition
On June 11, 2010, the Plaintiff and Nonparty D (hereinafter “Nonindicted Party”) entered into an agreement with the Plaintiff on June 11, 2010, and loaned KRW 100,000,000 from G Bank on the 15th day of the same month.
On February 19, 2014, the Nonparty filed an application for individual rehabilitation on or around April 15, 2014, and caused a guarantee accident. On June 13, 2014, the Plaintiff subrogated the G Bank with the principal and interest of KRW 86,673,558 on behalf of the Plaintiff.
The Plaintiff recovered a part of the amount from the Nonparty and acquired the claim for reimbursement amounting to KRW 83,306,174 in total, including the amount of the subrogated payment amounting to KRW 81,155,350 in total, KRW 608,614 in total, KRW 47,270 in attempted penalty, and KRW 1,494,94 in legal procedure costs.
The Nonparty, on November 12, 2015, entered into a sales contract with Defendant B on the real estate listed in the attached Table (1) (hereinafter “first real estate”) and completed the registration of ownership transfer on the same day.
In addition, on November 12, 2015, the Nonparty concluded a mortgage agreement with Defendant B on the attached list (2) of real estate (hereinafter “second real estate”) on the attached list (hereinafter “second real estate”) and completed the registration of establishment of a mortgage on November 14, 2015.
The individual rehabilitation procedure of the Nonparty was abolished on April 29, 2016. On May 25, 2016, the Nonparty entered into a pre-sale agreement with Defendant C on the share of real estate (hereinafter “third real estate”) as indicated in the attached Table (C) and completed the registration of the share transfer claim on May 26, 2016.
The sum of the value of each real estate indicated in the separate sheet, which is the Nonparty’s active property of Nonparty, was KRW 141,679,00 as of November 12, 2015, and KRW 101,564,00 as of May 25, 2016 (in this case, the third real estate was sold and excluded as above). However, the small property around that time exceeded the above active property as of KRW 86,673,558 for the Plaintiff, and KRW 74,00,000 for H safe, KRW 8,108,7120,00 for the first card, KRW 168,782,270 for the Plaintiff.
No. 2. Public auction and distribution of real estate.