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1. The Defendant and C entered into a contract on November 23, 2017 with respect to one-half share out of 4,000 square meters in Seo-gu, Gwangju Metropolitan City.
Reasons
1. Facts of recognition;
A. On July 11, 2012, the Plaintiff entered into a credit card transaction agreement with F Co., Ltd. on July 11, 2012 under each joint and several guarantee of C, and entered into a credit card transaction agreement (C guarantee ceiling KRW 55,200,000) with G Co., Ltd. on June 16, 2016, setting the amount of KRW 300 million at an interest rate MOR rate of KRW 7.04% per annum on December 10, 2019 (C guarantee ceiling KRW 360,000,000). The credit card use amount that was not paid as of September 26, 2018 was the total amount of KRW 1,839,572, the principal and interest of the loan amount of KRW 274,05,701, the Plaintiff received a claim against C with respect to the share in real estate (hereinafter “instant real estate share”).
B. On November 23, 2017, C and H entered into a mortgage agreement with the Defendant on the land as the maximum debt amount of KRW 100 million, and the debtor F Co., Ltd. (hereinafter “F”). On the same day of the registration date of the court, C entered into a mortgage agreement on the instant real estate and the instant real estate share of KRW 4,000 square meters as 1/2 shares. At the time, C’s active property had the instant real estate share and 1.44,40 million in total, and the value of the said active property was in excess of KRW 1,7040,416,201 in total.
C. The registration of the establishment of a neighboring real estate was cancelled in the instant case where the Plaintiff, who was a mortgagee, applied for the auction of the said land. On November 29, 2018, the auction court revoked the registration of the establishment of a neighboring real estate in the instant case. On the date of distribution, on the date of distribution, the amount of KRW 1,449,245,867, a sum of KRW 391,740, and KRW 366,140,869, and KRW 368,825,875, and KRW 368,875, a collective security holder, shall be the Plaintiff, who was the applicant creditor, in the second order, at the order of 1,449,245,867.