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1. A sales contract concluded on February 26, 2016 between the Defendant and C Co., Ltd. with respect to each real estate listed in the separate sheet.
Reasons
1. Basic facts
A. The defendant is a company running high fuel power generation business, etc., and C Co., Ltd. (hereinafter "C") is a company running high (RPF) fuel manufacturing business, etc., and D is the representative director of the above C.
B. On February 26, 2016, C sold each real estate listed in the separate sheet owned by C (hereinafter “each of the instant real estate”) to the Defendant for KRW 3 billion in total, in excess of the debt worth, including the debt borrowed against the Plaintiff, and completed the registration of ownership transfer for the instant real estate on April 12, 2016, under an agreement with the Defendant to pay KRW 880,000,000,000,000, which is the remainder after deducting the maximum debt amount of the right to collateral security, which is set up on each of the instant real estate, from the maximum debt amount of KRW 2,75,600,000,000,000,000,0000,000 won, which is the remainder after deducting the maximum debt amount of KRW 2,12,000,000,000 from the above purchase amount of KRW 3 billion.
C. Meanwhile, on the other hand, each of the instant real estate was registered to establish a mortgage agreement with the maximum debt amount of KRW 350 million, the debtor C, and the mortgagee G, which was based on the mortgage agreement concluded on September 13, 2013 (hereinafter “the instant mortgage agreement”); on the other hand, on the grounds of the termination of the instant contract on March 24, 2016, following the date of the instant contract, the registration of the establishment of a mortgage agreement was revoked.
[Ground of recognition] The fact that there has been no dispute, Gap 2, 20 through 23 (including each number, hereinafter the same shall apply), Eul 1, and the purport of the whole pleadings
2. Determination on this safety defense
A. On May 2, 2016, the Plaintiff’s summary of the Defendant’s assertion that: (a) on May 2, 201, C perused the registry of each of the instant real estate; and (b) on the Defendant.