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1. The sales contract concluded on September 11, 2014 between the defendant and the non-party C with respect to the real estate stated in the separate sheet is 50,000.
Reasons
1. Basic facts
A. On July 22, 2014, the Plaintiff, as to Nonparty D, has a claim of KRW 50 million based on the No. 403 of the No. 2014, which was issued by a notary public of Pyeongtaek-si Law Firm, (i.e., a repayment period: July 22, 2015), with respect to Nonparty D, and Nonparty C guaranteed the above loan obligation against the Plaintiff.
B. On December 7, 2012, with respect to the real estate listed in the separate sheet owned by C (hereinafter “the apartment of this case”), the establishment registration of a neighboring mortgage of KRW 123,600,00 (hereinafter “mortgage”) was completed on July 14, 2014, with respect to the debtor C, the mortgagee C, the Bank of Korea Co., Ltd., and the maximum debt amount of KRW 123,600,00,000,000,000,000,0000,000,000,000 won (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage”), and the joint mortgage creation registration (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage”) on the land of Gyeonggi-do and its ground building Nos. 1
C. On September 11, 2014, C entered into a sales contract to sell the instant apartment at KRW 1550 million (hereinafter “instant sales contract”) with the Defendant, a mother, and completed the registration of ownership transfer to the Defendant simultaneously with cancelling the mortgage on October 8, 2014.
① The right to collateral security was cancelled on October 27, 2014.
E. The value of the instant apartment at the time of the instant sales contract is KRW 156 million, and the value of the apartment around December 2016, which is close to the date of the closing of argument in the instant case, is KRW 17,700,000,000; ① the secured claim amount on October 23, 2014, is KRW 93,917,072; ② the value of the instant apartment at the time of the instant sales contract is KRW 1,200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000
F. At the time of the instant sales contract, there is no dispute between the parties as to the fact that C was in excess of its obligation and that the instant apartment is the sole property of C.
【Ground of recognition” has no dispute, each entry of Gap's 1 through 7 (including virtual numbers).