사해행위취소
1. The contract to establish a right to collateral security concluded on December 7, 2017 between Defendant B and C regarding the real estate stated in the attached list.
1. Facts of recognition;
A. On August 22, 2014, the Plaintiff entered into a credit guarantee agreement with C as of August 22, 2019, with a view to securing the payment of the principal and interest of loans to D Co., Ltd. (hereinafter “foreign bank”), including (1) credit guarantee principal amounting to KRW 14,250,000, credit guarantee agreement as of August 22, 2019, (2) credit guarantee principal amounting to KRW 5,700,00, and credit guarantee terming to August 22, 2019.
(hereinafter “each credit guarantee agreement of this case”). (b)
C submitted a credit guarantee certificate issued in accordance with each credit guarantee agreement of this case and received a loan from a non-party bank. On January 23, 2018, a guarantee accident occurred for C to delay the principal and interest of the loan. On June 26, 2018, the Plaintiff subrogated to the non-party bank of KRW 6,429,198.
C. Meanwhile, on August 31, 2017, C entered into a mortgage agreement with Defendant A (hereinafter “instant apartment”) with regard to the real estate listed in the attached list (hereinafter “instant apartment”). On September 12, 2017, Defendant A completed the establishment registration of a neighboring mortgage (hereinafter “the establishment registration of a neighboring mortgage”) as Seoul Western District Court’s receipt of registration office No. 27035, and on December 7, 2017, Defendant B entered into a mortgage agreement with Defendant B (hereinafter “instant secondary mortgage agreement”) with Defendant B on December 8, 2017, and completed the establishment registration of a neighboring mortgage (hereinafter “instant establishment registration”).
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 2, Eul evidence 2, Eul evidence 2 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination as to the cause of action
A. A claim that can be protected by the obligee’s right of revocation of the existence of the preserved claim was, in principle, incurred prior to the commission of an act that can be viewed as a fraudulent act.