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Reasons
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(영문) 서울중앙지방법원 2016.09.30 2014가단5039131
구상금 등 청구의 소
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1. The sales contract concluded on April 8, 2013 with respect to the land size of 331 square meters between B and the Defendant in Jung-Eup is the limit of KRW 30,000,000.

Reasons

1. Facts of recognition;

A. On June 10, 2005, the Plaintiff entered into a credit guarantee agreement between B and B (hereinafter “the instant credit guarantee agreement”) between B and the Industrial Bank of Korea, which is 145,80,000,000 won guaranteed amount and June 9, 2006 (which was extended to June 28, 2013) as the guarantee period, as the Plaintiff received a loan from the Industrial Bank of Korea. B obtained a loan of KRW 162,00,000 from the Industrial Bank of Korea as security.

(2) On May 13, 2013, B closed the food center D’s operation, and caused a credit guarantee accident. On January 28, 2014, the Plaintiff subrogated the Industrial Bank of Korea for KRW 91,296,09, total amount of the principal and interest of the loans, in accordance with the instant credit guarantee agreement.

B. (1) Where (a) ownership change B on the legal relationship of rights of each of the instant real estate (hereinafter “each of the instant real estate”) is due to the donation on October 30, 1997, made on the ground that the relationship between the rights of the said real estate (a) and the instant real estate was changed (b) on the ground that the Defendant purchased and sold the instant land on April 8, 2013 (hereinafter “instant contract”), and the portion of the instant land was registered on the ground that the ownership transfer was completed on April 11, 2013 under Article 8445 of the receipt of support from the Eup of the Jeonju District Court, the Seoul District Court: (b) on April 9, 2007, the maximum debt amount was set at KRW 260,000,000,000,000,000 won, and KRW 260,000,000,000,000 won, and KRW 26,006,06,0,0.

C. Preliminary property in B’s property status at the time of the instant contract, the appraised value of Nos. 401, Songpa-gu, Seoul EB (hereinafter “E building”) is equivalent to KRW 44 billion, and co-ownership of the instant real estate.

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