beta
(영문) 수원지방법원안산지원 2020.09.04 2019가단59557

사해행위취소

Text

The sales contract concluded on May 8, 2018 between Defendant A and Nonparty C with respect to the real estate listed in the attached list is 60,000.

Reasons

1. Basic facts

A. On April 2, 2015, the Plaintiff: (a) concluded a credit guarantee agreement with Nonparty C to guarantee that C, who operates a business entity under the trade name “D”, guarantees the obligation to obtain a loan from Nonparty E; and (b) the principal of the loan is KRW 100 million (hereinafter “the instant credit guarantee agreement”).

(2) On February 28, 2017, the Plaintiff concluded a credit guarantee agreement with C to guarantee the obligation to be borne by C with the loan from E, a stock company, and to provide a credit guarantee agreement with C with the principal amount of KRW 73.10,000,00,000.

(hereinafter “instant credit guarantee”). C obtained a loan of KRW 7,3710,00 from E as security the said credit guarantee amount to KRW 7,371,00.

3) On January 2019, the Plaintiff received notice of a credit guarantee accident from Co., Ltd. E that “the occurrence of a guarantee accident, such as the closure of business by D, which was operated by C.” (4) Accordingly, the Plaintiff subrogated KRW 166,467,141 to E on April 22, 2019 in accordance with each of the credit guarantees in this case.

B. 1) Defendant A’s real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant A, which was referred to May 8, 2018, as of May 8, 2018.

(2) The sales contract of this case is set forth as KRW 195 million and purchased (hereinafter “instant sales contract”).

(2) On May 24, 2018, F Co., Ltd. completed the registration of ownership transfer with respect to the instant real estate on May 24, 2018.

3) Meanwhile, as to the instant real estate on November 19, 2018, Defendant B registered the establishment of a mortgage (hereinafter “instant mortgage registration”) between Defendant B and the maximum debt amount of KRW 40 million, and Defendant A, Defendant A, the debtor, as to the instant real estate (hereinafter “instant mortgage registration”).

(4) Nonparty G completed the lease deposit of this case from April 8, 2016, from C, 100 million won.