사해행위취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff provided credit guarantee as listed below when Nonparty B obtained a loan from Nonparty C Co., Ltd. (Jinyoung Branch).
(A) The term of guarantee was later extended, and the extended term of guarantee is 10,000,000 won for general loan of loans of KRW 90,000,000 on September 24, 2012. The extended term of guarantee is 100,000,000 for general loan of loans of KRW 90,00,00,000 on September 24, 2012, 2013. The amount of guarantee is 100,00,000,000 for general loan of loans of KRW 90,000,000 on September 5, 2013.
B. On January 23, 2017, B completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) based on the sale on January 16, 2017, with respect to the real estate listed in the [Attachment List] (hereinafter “instant real estate”) from the Busan District Court’s Branch Branch Branch Decision 2813 to the Defendant on January 23, 2017.
C. B did not pay interest on each of the above loans, and C Jinyoung Branch on August 17, 2017, notified the Plaintiff of the guarantee number D guarantee on July 17, 2017, and each of the guarantee numbers E on July 11, 2017.
On November 13, 2017, with respect to loans extended from the above bank on September 24, 2012, the Plaintiff paid the principal of KRW 70,000,000, interest of KRW 1,039,988 in the balance of the principal of the loans, and the said amount of KRW 90,000,000 in the loans extended on November 6, 2013, and interest of KRW 1,473,632 in the average of the Plaintiff.
[Grounds for Recognition: Facts without dispute, entry of evidence Nos. 1, 2, 3, 4, and 2-1, 2, and 3 of evidence No. 1, and purport of the whole pleadings]
2. At the time of the Plaintiff’s assertion, there was a credit guarantee agreement which has already been established at the time of the instant transfer of ownership, and it is highly probable that a claim should be established under the said credit guarantee agreement in the near future. In fact, such probability has been realized in the near future, and the Plaintiff’s claim for indemnity against B.