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1. As to real estate listed in the separate sheet:
A. The sales contract concluded on June 25, 2013 between C and the Defendant A is concluded.
Reasons
1. Facts of recognition;
A. On January 24, 2005, the Plaintiff entered into a credit guarantee agreement with the non-party company under the joint and several guarantee agreement of C, which was the representative director of E Co., Ltd. (hereinafter “Non-party company”), and issued a credit guarantee certificate by setting the other party's bank, the guaranteed amount of KRW 85,00,000,000, and the guarantee period as of January 23, 2006. The non-party company borrowed the above credit guarantee certificate from the Korean bank as collateral on the same day, and the said credit guarantee period was extended to January 17, 2014.
B. However, on October 1, 2013, the non-party company is above the party branch of the political party.
On November 20, 2013, the Plaintiff lost the benefit of the due date of the loan as stated in the Paragraph, and on November 20, 2013, the Plaintiff subrogated 81,283,290 won to our bank.
C. Meanwhile, on June 25, 2013, C sold the real estate listed in paragraph (1) of its own disposition (hereinafter “instant real estate”) to Defendant A (hereinafter “instant sales contract”), and completed the registration of ownership transfer under the name of Defendant A. Defendant A entered into a mortgage contract with Defendant B on October 21, 2013 with respect to the instant real estate, and completed the registration of ownership transfer under the name of Defendant B. At the time of the establishment of a mortgage under the name of Defendant B, C was at the time of the establishment of a mortgage. However, C was at the time of the obligation to pay a loan of KRW 189,985,000 to the National Bank, and the obligation to refund the lease deposit amount of KRW 85,00,000 to F, while C was in excess of the obligation without any specific property other than the said real property.
Then, on January 14, 2014, the auction of real estate was initiated as D in this court on January 14, 2014, and the real estate was sold in KRW 231,50,000, and the auction court prepared a distribution schedule on March 18, 2015 that distributes KRW 6,626,251 to Defendant B on March 18, 2015, but Defendant B was not actually paid dividends under the above distribution schedule (hereinafter “instant dividends”).
Grounds for recognition: Facts without dispute, Gap's 1 to 1.