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1. A sales contract concluded on March 21, 201 with respect to the real estate listed in the separate sheet between B and the Defendant, which was concluded on March 21, 201.
Reasons
1. Basic facts
A. On December 1, 2010, the Plaintiff entered into a guarantee insurance contract (payment) with B: 60,000,000 won: the insurance period: from December 1, 2010 to November 30, 201; the insured: Czedo LS Co., Ltd. (hereinafter “Nonindicted Company”); and the content of the guarantee: Performance guarantee contract (payment guarantee) with the payment guarantee for damages arising from the consignment of selective distribution services (hereinafter “instant credit guarantee agreement”).
B. On September 19, 2011, B caused an insurance accident by failing to perform the repayment of debt under a selective agency contract to the non-party company. On October 25, 2011, the Plaintiff paid insurance proceeds to the non-party company KRW 56,146,828.
C. On August 29, 2013, the Plaintiff filed a lawsuit against B for the claim for reimbursement with Seoul Central District Court 2013Da235135, Feb. 26, 2014, the said court rendered a judgment that “B shall pay to the Plaintiff 57,254,381 won and 56,146,828 won among them, 15% per annum from January 24, 2012 to December 20, 2013, and 20% per annum from the next day to the date of full payment.” The said judgment became final and conclusive around that time.
B On March 21, 2011, on March 21, 2011, the Defendant sold (hereinafter “instant sales contract”) real estate listed in the separate sheet (hereinafter “instant real estate”) which is the only real estate under his/her name, to the Defendant. On March 22, 2011, the Busan District Court completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) on March 23, 201 as the receipt No. 8162 on March 23, 2011.
E. Meanwhile, at the time of the instant sales contract, the registration of the establishment of a neighboring mortgage on February 1, 2005 (hereinafter “instant one collateral mortgage”) and the maximum debt amount of KRW 23,400,000,000,000,000 for the instant real estate as of October 19, 2007 (hereinafter “instant two collateral mortgage”) was completed.