사해행위취소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 11, 2013, the Plaintiff borrowed KRW 50,000,00 from the National Bank of Korea (hereinafter “National Bank”), a Co., Ltd. (hereinafter “National Bank”), with respect to a loan of KRW 50,000,00, the Plaintiff provided a credit guarantee (hereinafter “the instant credit guarantee”) by setting the amount guaranteed as KRW 42,50,000, and the term of guarantee as of June 10, 2014. The term of guarantee was extended until June 10, 2016.
B. On November 12, 2015, A entered into a contract to establish a right to collateral security (hereinafter “the right to collateral security”) with Defendant Won Flaf, the maximum debt amount of which is 15,000,000, and completed the establishment of a right to collateral security (hereinafter “the right to collateral security”) on the same day. On November 24, 2015, A entered into a contract to create a right to collateral security (hereinafter “the right to collateral security”) between Defendant and Defendant and the maximum debt amount of which is 50,000,000, and completed the establishment of a right to collateral security on the same day.
C. At the time of concluding the first and second contract, the instant real estate was the sole property of A, and A was in excess of his/her liability.
On March 14, 2016, the Plaintiff subrogated 40,375,000 won to the National Bank under the credit guarantee of this case.
E. On January 24, 2017, 12,798,467 won was distributed to Defendant Kuwon, and KRW 49,466,574 was distributed to the Defendant and his life (hereinafter “instant dividend”).
[Based on recognition] Unsatisfy, Gap 1 through 9, 11 through 13, Eul 1, 2, Eul 1, and Eul 1 (including numbers; hereinafter the same shall apply), new card company, Han Bank, Han Bank, KB National Card Bank, KB National Card Bank, SBI Savings Bank, each financial transaction information reply letter, inquiry inquiry letter by the Court Administration, and the whole purport of the pleadings
2. Judgment on the plaintiff's assertion
A. The act of providing the instant real estate to the Defendants, a creditor, as a bond security by concluding a contract establishing the first and second contract that was in excess of the content of the assertion.