사해행위취소
1. A sales contract concluded on April 22, 2016 between the Defendant and B on the one-half share of the real estate listed in the separate sheet.
1. Facts of recognition;
A. On June 19, 2012, the Plaintiff entered into a credit guarantee agreement between B and B with the credit guarantee principal as of June 16, 2017 (hereinafter “the credit guarantee agreement in this case”). In the event that the Plaintiff pays B a loan due to the occurrence of a guarantee accident, the Plaintiff agreed to pay B the Plaintiff the amount of subrogation and the amount of delayed payment calculated at the rate determined by the Plaintiff as of the date of subrogation, penalty, and expenses incurred in preserving the claim for reimbursement. B was granted a loan of KRW 10,000,000 from the Industrial Bank of Korea pursuant to the credit guarantee agreement issued pursuant to the said agreement.
B. On May 2, 2016, in relation to B, a credit guarantee accident caused by the registration of credit management information, and the Plaintiff repaid the principal amount of KRW 95,163,878 to the Industrial Bank of Korea on July 11, 2016 (i.e., the principal amount of KRW 93,50,000,000) (i.e., KRW 1,663,878), and the penalty amounting to KRW 122,950, and the expenses for the preservation of claims amounting to KRW 2,409,222.
C. On August 2, 2016, the Plaintiff filed an application with the Suwon District Court for a payment order with the Suwon District Court 2016 tea 9196, and the said court issued an order to pay to the Plaintiff KRW 95,734,709 and KRW 95,163,878 as to the Plaintiff and KRW 10% per annum from July 11, 2016 to August 5, 2016, and KRW 15% per annum from the next day to the date of full payment. The payment order was finalized on August 20, 2016.
B shared 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “instant real estate”) with C. On April 22, 2016, the Defendant entered into a sales contract with the Defendant for the purchase price of KRW 80,000,000 (hereinafter “instant sales contract”) and completed the registration of ownership transfer on May 4, 2016.
E. As to the instant real estate at the time of the instant sales contract, the maximum debt amount of KRW 195,00,000, and C, the debtor.