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Attached Form
For shares of 1/2 of the real property listed in the list:
A. A contract of donation concluded on February 1, 2019 between the Defendant and B.
Reasons
1. Facts of recognition;
A. C (hereinafter “C”) obtained a loan from D bank, and entered into a credit guarantee agreement with the Plaintiff on the repayment obligation of the loan (hereinafter “credit guarantee agreement of this case”) as follows, and C’s representative director B jointly and severally guaranteed C’s reimbursement obligation against the Plaintiff.
Serial No. 1 E 1 E 200,000 won (general funds) KRW 71,100,000,000 won on October 28, 2014 (90% of loans) 2F on June 2, 2015, 2015 (85%) KRW 25,500,000 won (85% of loans) on March 2, 2020 (85%) 3 G G 3 G 3 G 20,000 won (85%) KRW 175,000,000 won (general funds) on December 14, 2015, KRW 125,000,000 won (85 billion) on December 6, 2019.
B. According to the instant credit guarantee agreement, in a case where C violates the principal obligation, and where it is deemed objectively necessary to preserve the claim as the credit conditions have significantly deteriorated, such as seizure, provisional seizure, provisional disposition, or request for auction, with respect to the workplace, C and joint guarantors, shall bear the obligation to repay the guaranteed amount in advance, even if there is no notification from the Plaintiff, and where the Plaintiff fulfilled the obligation, C and joint guarantors shall reimburse the amount of the obligation to pay the guaranteed amount immediately, delay calculated by setting the rate as determined by the Plaintiff, compensation for damages, expenses incurred in the performance of the guaranteed obligation, and expenses incurred in the preservation, transfer, and exercise of the right acquired by the performance of the guaranteed obligation (Article 10(1)). (c)
C The creditor H applied for provisional attachment on May 11, 2017 to the Daegu District Court with respect to the land and its ground factories of Busan Metropolitan City I which are owned by C, and was decided to commence the auction on May 22, 2019 by the above court J on May 22, 2019.
On June 12, 2019, the Plaintiff applied for provisional attachment against each of the above real estate to the Daegu District Court with the claim for advance indemnity against C as the preserved claim.