사해행위취소
1.(a)
A contract to establish a mortgage between B and the defendant on April 1, 2014 regarding real estate stated in the attached list is concluded.
1. Facts of recognition;
A. On Nov. 1, 2012, the Plaintiff entered into a credit guarantee agreement with Lita Co., Ltd. (hereinafter “TT”) with a view to guaranteeing the repayment of local restructuring funds to be loaned from the Industrial Bank of Korea, with a view to guaranteeing the repayment of the local restructuring funds to be loaned from Lita Bank, and issued a credit guarantee agreement with Lita to Lita, as of September 30, 2014.
The non-party B guaranteed all obligations under the credit guarantee agreement to the plaintiff of the land.
B. On November 1, 2012, Liti received a loan of KRW 100,000,000 from the Industrial Bank of Korea on the basis of a credit guarantee certificate issued pursuant to the above credit guarantee agreement as security.
C. Since July 31, 2014, Liti did not pay the principal and interest of loans and caused a guarantee accident. Accordingly, the Plaintiff paid 86,734,000 won to the Industrial Bank of Korea on December 24, 2014.
On April 1, 2014, Nonparty B, a joint guarantor of the above credit guarantee agreement, entered into a mortgage agreement with a maximum debt amount of 325,00,000,000 won and a mortgage agreement with a mortgagee as the defendant (hereinafter “mortgage agreement”) as to the real estate stated in the attached list, and completed the registration of establishment of a collateral in the name of the defendant (hereinafter “registration of establishment of a collateral security agreement of this case”), which was due to the instant mortgage agreement, under Article 27552.
E. The property status of Defendant B at the time of the registration of the establishment of the neighboring land of this case is as follows.
In the case of 1,758,452,480 (as of March 4, 2015) real estate listed in the separate list of non-exclusive property 1,758,452, and 480 (as of March 4, 2015) 1, the joint and several surety debt against the Industrial Bank of Korea of 1,94,452,480, among the 1003, 105, 105, and 185,297, 297, 297, 297, 294, 400, and 480, for the joint and several surety debt obligations against the National Bank of Korea of 975,60,000, for the joint and several surety debt obligations against the National Bank of Korea of 291,60,000,000 (the maximum debt amount)