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1. The reservation entered into on May 4, 2012 with respect to each real estate listed in the separate sheet between the Defendant and B shall be revoked.
Reasons
Basic Facts
C Co., Ltd. (hereinafter referred to as “C”) is a company that newly constructs and sells 8 or 565 units of apartment houses of 12-20 stories above the second-class 2nd 20 stories above the ground (hereinafter “instant business”). On April 25, 2007, the Plaintiff entered into a construction contract with C on April 25, 2007, with the contract amount of KRW 96.29 billion (excluding value-added tax), and the construction period of which is 30 months from the date of commencement (hereinafter “instant construction contract”).
C On May 4, 2007, the Korea SC Bank (hereinafter “Korea SC Bank”) entered into a credit transaction agreement with the Korea SC Bank (hereinafter “instant credit transaction agreement”) on the same day, setting the rate of delay as 18-21% according to the number of overdue days, and received a loan of KRW 57 billion from the Korea SC Bank (hereinafter “instant loan”) on the same day, regardless of whether it was before or after the mutual change.
The Plaintiff and B guaranteed C’s above loan obligations on the same day.
C The expiration date of the credit period under the credit transaction agreement with the SSC Bank was extended by one year on May 4, 2012. However, although the expiration date of the credit period came on May 4, 2012, the loan obligation of this case was not repaid.
Accordingly, on May 7, 2012, the Plaintiff subrogated to the SSC bank for KRW 57,324,885,474 of the principal and interest of the loan up to that time.
B On May 4, 2012, the Defendant, who is the husband of the Plaintiff, entered into a trade reservation (hereinafter “instant promise”) with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) with the Defendant, who is the husband of the Plaintiff, and each real estate listed in the separate sheet (hereinafter “instant real estate”). On the same day, the Defendant’s right to claim transfer of ownership does not exceed the provisional registration for each real estate of this case.