1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On April 2, 2014, the Plaintiff entered into a credit guarantee agreement (hereinafter referred to as “the instant credit guarantee agreement”) with the Non-Party C (hereinafter referred to as “Non-Party C”) with respect to the obligation to receive a loan from the Korea Bank Kim Jong-si branch (hereinafter referred to as “D Bank”) as the guaranteed amount of KRW 85,000,000, and the term of guarantee from April 2, 2014 to April 1, 2015 (the extension to March 30, 2018 thereafter) (hereinafter referred to as “the instant credit guarantee agreement”). B became a joint and several surety for the Plaintiff of the Non-Party Company under the said credit guarantee agreement.

B. On March 31, 2018, the non-party company did not pay the principal of the debt owed to the D Bank, and on April 17, 2018, the above debt was disposed of in bad faith. On June 28, 2018, the Plaintiff subrogated to D Bank KRW 78,789,968 in accordance with the credit guarantee agreement of this case on June 28, 2018, paid KRW 1,032,038 at the expense of preserving the claim, etc. under the said agreement, and paid KRW 410,370 for penalty.

C. B concluded a sales contract to sell each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on August 14, 2017 to the Defendant (hereinafter “instant sales contract”) and completed the registration of ownership transfer as the receipt No. 18317, August 21, 2017, with respect to each of the instant real estate by the Jeonju District Court Kim Jong-dong Office (hereinafter “instant sales contract”).

On the other hand, on February 8, 2017, prior to the conclusion of the instant sales contract, B completed the registration of creation of a neighboring mortgage E with the maximum debt amount of KRW 39,000,000, and the registration of establishment of a neighboring mortgage E with respect to the instant real estate on February 8, 2017. The registration of establishment of a neighboring mortgage was cancelled on October 25, 2017 after the conclusion of the instant sales contract.

E. At the time of the conclusion of the instant sales contract, B owned three parcels of real estate, including Kim Jong-si F, G, and H, in addition to each of the instant real estate.

[Reasons for Recognition] Facts without dispute, Gap's evidence 1 to 4, Gap's evidence 1 to 3, Gap's evidence 5-1 to 6, and Eul's Kim Jong-si.