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1.(a)
A sales contract concluded on October 10, 2017 between C and Defendant A with respect to the real estate listed in attached Table 1 List 3.
Reasons
1. Basic facts
A. The Plaintiff’s credit guarantee and subrogation (1) The Plaintiff entered into a credit guarantee agreement as follows and issued a credit guarantee agreement for the payment of principal and interest of loan to an enterprise bank and E bank, and C jointly and severally guaranteed all obligations owed by the non-party company to the Plaintiff according to the above credit guarantee agreement.
(2) On November 30, 2017, the Plaintiff: (a) on September 24, 2017, on the ground of non-guaranteed reasons arising from the natural body of Nonparty Company’s natural body, the Plaintiff subrogated to the Bank the aggregate of KRW 446,343,664, and KRW 553,672,694 on December 11, 2017; (b) collected KRW 1,732,368, and acquired the claim for indemnity amount of KRW 998,28,283,990 on the part of Nonparty Company.
C E
B. On October 10, 2017, C concluded a sales contract with Defendant A for the purchase price of KRW 260,000,000 for the real estate listed in the separate sheet No. 1 (hereinafter “instant sales contract”). On October 12, 2017, C concluded a sales contract with Defendant A for the purchase price of KRW 260,00,00 for the real estate listed in the separate sheet No. 25695 (hereinafter “instant transfer of ownership”).
(2) On September 27, 2017, C entered into a mortgage agreement with Defendant B on KRW 500,000,000 with respect to real estate listed in the separate sheet No. 2 list (hereinafter “mortgage agreement”). On the same day, C concluded a mortgage agreement with Defendant B on the same day, the Seoul Central District Court’s receipt of registration No. 187612, supra (hereinafter “mortgage creation registration”).
C. (1) At the time of the instant sales contract and the instant mortgage contract, C’s active property was 479 square meters in addition to each real estate set forth in the separate sheet Nos. 1 and 2. However, the land set forth in the separate sheet No. 1 is 1.