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1. The sales contract concluded on May 7, 2019 between the Defendant and B is KRW 177,485,211.
Reasons
1. Facts of recognition;
A. On March 2017, the Plaintiff entered into a credit guarantee agreement between B and B, 150,000,000,100,0000,000, and then delivered two guarantee certificates for the above security amount to B (mutual C). Pursuant to each of the above credit guarantee agreements, B obtained loans from the Industrial Bank of Korea as well as KRW 148,986,905 for small and medium enterprise facilities funds and KRW 100,000 for small and medium enterprise funds, respectively.
B. B delayed the payment of each of the above loans and caused a credit guarantee accident on June 19, 2019. On October 14, 2019, the Plaintiff subrogated to the Industrial Bank of Korea for the total amount of KRW 253,015,973 (= Principal KRW 248,986,905, KRW 4,029,068).
C. On September 21, 2015, the Defendant entered into a contract for sale and supply of real estate listed in the separate sheet (hereinafter “instant real estate”) with D and D, etc. on the purchase price of 269,820,000. On May 4, 2018, the Defendant transferred to B the buyer’s rights and duties concerning the instant real estate, and B completed the registration of transfer of ownership on August 27, 2018.
B concluded a sales contract on May 7, 2019 with the Defendant, who was the subject of the instant real estate (hereinafter “instant sales contract”) and completed the registration of ownership transfer under the name of the Defendant on May 16, 2019, as the receipt No. 44467 of the Daejeon District Court Branch of Daejeon District Court (hereinafter “the instant sales contract”).
E. On August 27, 2018, the instant real estate was established with the highest maximum debt amount of KRW 225,600,000, the debtor B, the mortgagee E, the mortgagee E, the mortgagee, and the second priority mortgage on April 25, 2019, respectively. After the instant sales contract, the first priority mortgage was established with the maximum debt amount of KRW 50,000,000, the debtor B, and the mortgagee, respectively. After the instant sales contract, the said second priority mortgage was revoked on the grounds of termination on May 10, 2019.
F. On May 2019, the market price of the instant real estate is KRW 281,00,000, and at the time.