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1. As to the real estate stated in the separate sheet, 35,180,123 won, which was entered into on December 31, 2013 between the defendant and B.
Reasons
1. Facts of recognition;
A. In the course of receiving a loan from a national bank (hereinafter “national bank”), the Plaintiff entered into a credit guarantee agreement with the non-party company as indicated below. The representative director B of the non-party company jointly and severally guaranteed the non-party company’s obligation of indemnity against the Plaintiff pursuant to the above credit guarantee agreement.
The term "guarantee No. 153,000 US$ 374,000 on January 27, 2003, 2003, the guarantee period for the guaranteed amount of the contract No. 1203,000 on March 24, 2011, E 177,120,000 won on March 24, 2014, February 1, 2013, 201, F153,00,000 won on February 1, 2013, 201.
On December 27, 2013, the Plaintiff subrogated for KRW 700,594,101 to the National Bank on February 27, 2014 when a credit guarantee accident of the non-party company occurred.
C. Thereafter, on October 6, 2014, the Plaintiff filed a lawsuit against Nonparty Company and B, etc., and was sentenced to the Seoul Western District Court Decision 2014Da212042, that “The Plaintiff shall jointly and severally pay to the Plaintiff 538,823,676 won and KRW 537,456,00 among them, 12% per annum from February 27, 2014 to July 2, 2014, and 20% per annum from the next day to the day of complete payment.” The above judgment became final and conclusive around that time.
B signed a pre-sale agreement (hereinafter “instant pre-sale agreement”) with the Defendant on December 31, 2013 with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the registration of the right to claim transfer of ownership as the receipt No. 1 on January 2, 2014. On January 10, 2014, the principal registration based on the instant provisional registration was completed as the receipt No. 892 of the same registry office.
E. At the time of the instant promise to sell and purchase the instant real estate, the instant real estate held by the debtor company, the mortgagee company, and the Korea Bank, Korea (hereinafter “Korea Bank”), hereinafter referred to as “the establishment registration of the establishment of the first-class establishment of the mortgage on the first-class maximum debt amount in Japanese law.”