사해행위취소
1. C-238. The real estate listed in the separate sheet Nos. 1 and 2 and the real estate listed in paragraph 3 of the separate sheet between the defendant and C.
1. Basic facts
A. The Plaintiff’s claim 1) Guarantee Agreement with C (hereinafter “Guarantee Agreement”)
(2) Accordingly, on July 22, 2015, the Plaintiff was changed to KRW 170,000,000 as the guaranteed amount, and July 22, 2016 as of July 24, 2016 (e.g., this year).
(C) The Plaintiff paid KRW 172,731,643 to the D Bank on November 23, 2018, in lieu of C, the Plaintiff received a loan by submitting the said guarantee to the D Bank. (2) The Plaintiff repaid the amount of KRW 172,731,643.
3) A unpaid additional guarantee fee of KRW 1,127,120 based on the instant guarantee agreement, and the Plaintiff disbursed KRW 1,540,070 as legal procedural costs for the enforcement and preservation of the claim for indemnity. According to the instant guarantee agreement, the rate of delay damages from November 23, 2018, which is the date of subrogation, is 10% per annum. (B) A’s disposal disposition C is each real estate and C’s share in the instant real estate and C’s share in the instant real estate as stated in paragraph (1) of the order (hereinafter “liability property”).
As to the maximum debt amount of KRW 200,000,00, and the right to collateral security (hereinafter “instant right to collateral security”) against the debtor C and the mortgagee as the defendant
c) Insolvent C’s insolvency was in excess of the obligation against the Plaintiff and the Defendant, etc. on the ground that the value of the instant property, which was possessed only due to the time of the instant mortgage contract, was less than the amount of the obligation to the Plaintiff and the Defendant. [Grounds for recognition] A’s evidence of subparagraphs 1 through 12 (including serial numbers, each of the instant evidence of the instant court’s order to submit tax information on Pyeongtaek si and Y market, as a result of the order issued by this court to submit financial transaction information to E Bank as a result of the order issued by this court to submit financial transaction information to E Bank
2. Determination
A. According to the evidence duly admitted prior to the existence of a preserved claim, when Article 5(1)1 of the instant guarantee agreement violates the obligation to perform the principal obligation, the Plaintiff agreed to exercise the right to demand a prior reimbursement without prior notice or demand, and the fact that C did not pay the principal on July 24, 2018.