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1. As to real estate listed in the separate sheet:
A. A sales contract concluded on October 24, 2013 between the Defendant and Nonparty B is concluded between the Defendant and Nonparty B.
Reasons
1. Facts of recognition;
A. On April 4, 2013, the Plaintiff entered into a credit guarantee agreement between Non-Party Hand Co., Ltd. (hereinafter “Non-Party Hand Co., Ltd”) and the Non-Party Company, which was granted a loan from the Industrial Bank of Korea, with the credit guarantee amount of KRW 90 million, and the credit guarantee period from April 4, 2013 to April 3, 2018 (hereinafter “the credit guarantee agreement of this case”), and Non-Party B jointly and severally guaranteed the credit guarantee agreement of this case.
B. On October 5, 2013, Nonparty Company caused a credit guarantee accident due to a natural body. Accordingly, the Plaintiff subrogated for KRW 91,828,624, totaling the principal and interest of Nonparty Bank on January 9, 2014 in accordance with the instant credit guarantee agreement.
C. The Plaintiff filed a lawsuit against Nonparty Company and B with the Seoul Central District Court 2014Da5045372, and the above court rendered a judgment on August 22, 2014 that “A company B and B jointly pay the Plaintiff KRW 91,943,054 and its delay damages, jointly and severally,” and the above judgment became final and conclusive around that time.
B On October 24, 2013 after the occurrence of the credit guarantee accident, on October 24, 2013, entered into a sales contract (hereinafter “instant sales contract”) with respect to the real estate attached to it (hereinafter “instant real estate”). On November 1, 2013, B entered into an ownership transfer registration (hereinafter “instant transfer registration”) with the Defendant.
E. At the time of the instant sales contract: (a) 7,97,120 won in total; (b) 3,500,000 won in total; (c) 4,432,320 square meters in total; and (b) 64,800 won in total: 91,943,054 won in total; (c) 91,943,054 won in total; (d) 91,943,054 won in total; and (e) 7,997,120 won in total as at the time of the instant sales contract; and (e) 2 was in excess of the liability at the time of the instant sales contract.
[Ground of recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence 1 to 5.