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1. The debt exemption contract concluded around December 2013 between the defendant and the non-party corporation B shall not exceed KRW 237,490,000.
Reasons
1. Basic facts
A. Title trust agreement 1 between the Defendant and B, and the Defendant Company B (former trade name: C; hereinafter “B”)
2) On July 15, 2009, the board of directors opened on July 15, 2009 held on the following: (a) B participated in the real estate auction procedure (hereinafter “instant land”) on the real estate of 2,159 square meters (hereinafter “instant land”) before Kimpo-si and purchased the said land; (b) purchased in the Defendant’s name and decided to complete the registration of ownership transfer
(hereinafter referred to as “instant title trust agreement”) between B and the Defendant.
The Defendant purchased the land in KRW 1.9 billion at the auction procedure for the instant land on September 10, 2009, and completed the registration of ownership transfer on October 28, 2009. 2) The purchase price for the said land was paid in KRW 1.9 billion with the funds of KRW B.
B On December 30, 2009, with respect to the amount loaned by a mutual savings bank (hereinafter “the first mutual savings bank”), the first day set the right to collateral security of KRW 1.26 billion against a mutual savings bank with respect to the instant land. On July 23, 2010, the Bank borrowed KRW 1.2 billion from the Industrial Bank of Korea to cancel the said right to collateral security with respect to the said land, and created the Bank with respect to the said land the right to collateral security of KRW 1.44 billion with respect to the maximum debt amount.
C. B’s penalty surcharge imposed on B and B’s insolvent 1) as a result of the investigation into the ownership relationship of the instant land by the Central Tax Office, the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).
(1) On August 27, 2012, the Plaintiff confirmed the violation and notified the Plaintiff of the violation. (2) On May 2015, 2015, the Kimpo-si imposed a penalty surcharge of KRW 23,749,00 on B, a person who violated the Real Estate Real Name Act.
3) Meanwhile, B was voluntarily closed on September 2012 and is currently insolvent.