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1. A sales contract concluded on October 29, 2018 between Defendant B and D with respect to the real estate stated in attached Table 1, 2, and 3.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff is a limited liability company E on November 27, 2017 (hereinafter “foreign company”)
between the non-party company and the F Co., Ltd. (hereinafter referred to as “F”).
(2) A credit guarantee agreement was concluded between November 30, 2017 and November 30, 2018 with a guarantee period of KRW 120 million, out of KRW 150,000,000 to be loaned from the Plaintiff. At that time, D guaranteed the Plaintiff’s obligation under the credit guarantee agreement. (2) Nonparty Company submitted a credit guarantee agreement issued from the Plaintiff to F and received a loan of KRW 150,000,000 from the Plaintiff. Since then, the occurrence of a credit guarantee accident, such as delinquency in the principal and interest of the loan, the Plaintiff subrogated to F to KRW 124,318,658 in total, including principal and interest, pursuant to the credit guarantee agreement on March 18, 2019.
B. D’s land disposal act 1) On October 29, 2018, D entered into a sales contract with Defendant B for the land listed in Articles 1, 2, and 3 of [Attachment List] with Defendant B for KRW 70 million, and the sales contract for the land listed in Articles 4 through 7 of [Attachment List] with Defendant C for KRW 50 million (hereinafter the above two sales contracts collectively referred to as “instant disposition”).
(2) In concluding the contract deposit, the Defendants agreed to pay the remainder of KRW 50 million on the day, and the remainder of KRW 50 million or KRW 40 million on November 5, 2018. However, the Defendants did not pay the contract deposit differently from the contract deposit, and only paid the remainder of KRW 50 million or KRW 40 million to D on November 6, 2018 through an account in the name of the attorney-at-law of flowing water, an attorney.
C. At the time of the instant disposition, D’s active property at the time of the instant disposition is as follows: “The land indicated in the Schedule “each of the instant land” (hereinafter collectively referred to as “instant land”).
(2) The sum of the small assets, including the sum, was 461,191,620 won, and the sum of the small assets was 550,000,000 won and the aggregate of the positive assets exceeded the aggregate of the positive assets. (2) D is a witness in this Court.