사해행위취소
1. The sales contract concluded on May 2, 2013 between the Defendant and C concerning each real estate listed in the separate sheet is 156,454.
1. Facts of recognition;
A. On March 12, 2013, the Plaintiff’s credit against C lent KRW 171 million to D on March 12, 2013 at maturity on March 30, 2014, at the interest rate of KRW 5% per annum, and at the interest rate of delay damages rate of KRW 30% per annum. At that time, C guaranteed D’s credit against the Plaintiff.
B. On May 2, 2013, C entered into a sales contract with the Defendant to sell each real estate (hereinafter “each of the instant real estate”) on KRW 300 million as indicated in the separate sheet that he/she owns (hereinafter “instant sales contract”) and completed the registration of ownership transfer for the Defendant’s future sale on May 6, 2013.
C. On May 14, 2009, C: (a) on each of the instant real estate, the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) with the debtor C and the maximum debt amount of KRW 65 million was completed on May 14, 2009; (b) on September 6, 2012, the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) with the debtor C and the maximum debt amount of KRW 39 million was completed; and (c) on April 1, 2013, the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) with the debtor C and the maximum debt amount of KRW 91 million was completed; (b) on June 26, 2013; and (c) on July 1, 2013, the registration of the establishment of each of the instant rights was revoked.
C’s obligation (original) of each of the instant real estate 306,396,840 of the instant real estate: (i) the debt amount of KRW 49,941,842 of the instant case; (ii) the debt amount of KRW 30,00,00 of the instant debt of the collateral security attached to the collateral security attached to the instant case; (iii) the debt amount of KRW 172,218,000 of the instant debt against the Plaintiff as 70,000,000 of the debt of the collateral security attached to the collateral security attached to the instant case; and (iv) the said debt amount of KRW 171,00,000 of the principal amount of KRW 1,218,000 of the interest calculated annually from March 12, 2013 to May 2, 2013; and (v) the interest amount of KRW 306,396,840,329,924.