사해행위취소
1. A sales contract concluded on August 23, 2018 between the defendant and the non-party B regarding each real estate listed in the separate sheet.
1. Determination as to the cause of claim
A. (1) The Plaintiff entered into a guarantee agreement with Nonparty B, who received a loan from Nonparty B Co., Ltd., as set out below.
(2) On September 29, 2011, on September 21, 2011, Nonparty B used 300,000,000,000 won as loans from C on October 31, 201 under the above guarantee contract, and delayed the repayment of principal and interest on August 9, 2018, and the Plaintiff performed the payment of the principal and interest on August 9, 2018 upon the request for the performance of the guaranteed obligation by C Co., Ltd.
3. The statement of subrogation: (a) on November 29, 2018, the aggregate of the principal and interest indemnity as of the date of subrogation by the (unit (unit) No. 1D 1D 24,733,838 4,723,623,61 229,457,49 in total 24,733,8384,723,61 229,457,49 (3) of the Act; (b) on August 23, 2018, Nonparty B entered into a sales contract with the Defendant who is his/her own punishment with respect to real estate listed in the separate sheet as of August 23, 2018; and (c) completed the registration of transfer of ownership with the Changwon District Court was received on August 27, 2018.
(hereinafter “instant disposition disposition”). [Grounds for recognition] A’s entry (including serial numbers, hereinafter the same shall apply), the purport of the entire pleadings, without dispute.
B. According to the facts of recognition of the right to revoke the fraudulent act as above, the plaintiff shall be deemed to have a claim for reimbursement equivalent to the amount of KRW 457.499 on the non-party B against the defendant, which is incurred before the non-party B conducts the instant disposition with the defendant, and shall be deemed to be a preserved claim for the right to revoke the creditor's revocation.
C. The establishment of the fraudulent act and restitution (1) establishment of the fraudulent act and the intention of deception (a) intent to commit the act of disposal in this case, the property status of Nonparty B at the time of the act of disposal in this case is as follows.
1) The content amount of active property Nos. 552 30/52 9,936,000 square meters prior to E in Jinju-si, see original 1, 200, and the F Association on January 17, 2019. < Amended by Act No. 15003, Jan. 17, 2019>