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1. The plaintiff's primary claim that is changed in exchange in this court is dismissed.
2.The Court.
Reasons
1. Basic facts
A. The Plaintiff’s Intervenor’s debt loan of KRW 180,00,000 E Small and Medium Enterprise Loan of KRW 1180,00,000 on November 21, 2012 (amended November 18, 2016) B Industrial Bank of Korea (amended by November 20, 2016) of the Industrial Bank of Korea of November 21, 2012, 200, KRW 2270,000,000,000 on December 27, 2013, 2013; the Defendant’s debt loan of KRW 180,00,000 for the credit guarantee term agreement for the guaranteed loan curriculum of the guaranteed loan curriculum; and the Plaintiff’s debt loan of KRW 270,00,000 on December 26, 2014 (Industrial Bank of Korea, No. 2320, Dec. 23, 2014);
(2) On December 25, 2015, the Industrial Bank of Korea concluded a credit guarantee agreement as follows. Accordingly, D failed to repay the principal of each of the above loans to D, and the Industrial Bank of Korea notified the Plaintiff’s Intervenor of the occurrence of the credit guarantee accident on December 28, 2015, and demanded the performance of the guaranteed obligation by notifying the Plaintiff’s Intervenor of the occurrence of the credit guarantee accident.
Accordingly, on February 12, 2016, the Plaintiff’s Intervenor subrogated to the Industrial Bank of Korea KRW 453,388,726 (i.e., principal KRW 449,98,825, interest KRW 3,389,901).
B. B as the representative director of D, B, who is a joint and several surety of each of the above credit guarantee agreements, is the joint and several surety of D, on March 29, 2013, 104 Dong 1501 (hereinafter “instant apartment”).
(2) On April 3, 2013, B purchased the instant apartment and completed the registration of ownership transfer thereof. Around November 2015, B agreed to divorce with the Defendant, who is a legal spouse, and the Defendant received the ownership of the instant apartment from B as consolation money, and agreed that the principal and interest obligation of the instant apartment should be borne by the Defendant.
Accordingly, B entered into a contract to donate the instant apartment to the Defendant on December 29, 2015 (hereinafter referred to as “instant donation contract”), and accordingly, on December 31, 2015, the registration of ownership transfer in the name of the Defendant was made.