1. The sales contract concluded on July 26, 2016 between the Defendant and Nonparty B with respect to the 249.1 square meters in lusium C in Sung-si between the Defendant and Nonparty B was 342,309.

Basic Facts

On October 15, 2013, the Plaintiff entered into a credit guarantee agreement with D Co., Ltd. (former trade name: E Co., Ltd.; hereinafter “D”) with the following contents, and D was loaned KRW 400,000,000 from the F Bank on the basis of the aforementioned credit guarantee agreement.

According to the guarantee number GH principal amounting to KRW 90,00,000 (270,000,000) guarantee term of KRW 270,00,000 on October 15, 2014 (the change to October 13, 2017 thereafter) (the change to October 13, 2017), following the credit guarantee agreement as of October 15, 2014 (the change to October 13, 2017 thereafter) where D fails to repay loans to FF bank and the Plaintiff performs its guaranteed obligation, D must pay the Plaintiff the legal expenses incurred by the Plaintiff by paying the damages for delay calculated at the rate of 12% per annum (from December 1, 2012 to January 31, 2016) and 10% per annum (after February 1, 2016).

B as a representative of D, as a joint and several liability for indemnity against D under the above credit guarantee agreement.

D has continued to extend the term of the loan by October 13, 2017 without paying the principal of the loan, and on November 16, 2016, it has lost the benefit of the time due to the failure to pay interest on the loan.

Accordingly, on March 28, 2017, the Plaintiff subrogated the F Bank to pay the principal and interest of 366,176,570 won, and paid the 16,620,095 won by subrogation until June 7, 2018 in relation to the claim for reimbursement.

On the other hand, on July 26, 2016, B sold the instant land to the Defendant on July 26, 2016, I 249 square meters (the change of the administrative district to Seosung City on January 22, 2018; hereinafter “instant land”) (hereinafter “instant sales contract”), and completed the registration of ownership transfer on August 17, 2016.

[Reasons for Recognition] The defendant's judgment as to the main defense of the whole pleadings and the main defense of Gap's 1 through 6, 8, 12, Eul's 1 and 8 (including a branch number; hereinafter the same shall apply), the whole pleadings, and the purport of the main defense.