The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

The grounds of appeal are examined.

The judgment below

According to its adopted evidence, the lower court: (a) acknowledged that the Plaintiff entered into the instant credit guarantee agreement with D on March 4, 2010; (b) jointly and severally guaranteed the obligation of D under the said credit guarantee agreement; (c) D submitted a credit guarantee statement issued by the Plaintiff to an enterprise bank on the same day to obtain money from the enterprise bank; and (d) caused a credit guarantee accident on July 9, 201; (b) however, A entered into the instant sales contract with the Defendant, which is the only property between the Defendant and the Defendant, on April 22, 2010, and completed the registration of the ownership transfer registration right on each of the above real property under the Defendant’s name; (c) on the premise that A entered into the said credit guarantee agreement on April 22, 2011; and (d) determined that there was a high probability of the Plaintiff’s claim for reimbursement as at the time of signing the said sales contract, and that there was a high probability of the Plaintiff’s claim for reimbursement as at the time of signing the said contract.

However, according to the above facts acknowledged by the lower court, the time when A and the Defendant entered into the instant purchase and sale reservation was on April 22, 2010, and not on three months from July 9, 201, which was the date of the occurrence of a credit guarantee accident, and on about one year and two months before July 2, 201, as determined by the lower court. Thus, the lower court is based on April 22, 2010, the date of the instant purchase and sale reservation.