사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff’s claim 1) C Co., Ltd. (formerly: D and hereinafter “C”).
On November 22, 2006, the Maritime Savings Bank Co., Ltd. (the Maritime Savings Bank prior to the change, Busan Solomon Savings Bank, hereinafter referred to as the Maritime Savings Bank) shall be the Maritime Savings Bank.
(2) The loan was made on November 22, 2008 at the expiration of 5 billion won (hereinafter “instant loan”). The loan was made on November 22, 2008
(2) On October 21, 2014, B had been declared bankrupt on October 21, 2014 (the Busan District Court Decision 2014Hahap1002), and the Plaintiff was appointed as bankruptcy trustee.
3) On March 5, 2015, the Plaintiff filed a payment order with B, etc. to the effect that “B, jointly and severally with C, shall pay KRW 6.5 billion, which is the guarantee ceiling,” and the payment order was finalized on November 12, 2015. 4) Plaintiff’s claim against C is KRW 9,039,092,30,304 as of February 1, 2015.
B. The Plaintiff’s cash payment 1) The Defendant is B’s wife. 2) B transferred the Defendant’s account KRW 34 million on April 30, 2012, and KRW 22 million on January 27, 2014, respectively.
(hereinafter “each Cash Payment”). [Grounds for recognition] The entry in Gap evidence 1 through 3, Eul evidence 9 (including branch numbers), and the purport of the whole pleadings.
2. Claims for preservation;
A. The Defendant asserted that the instant loan claim had ceased to exist due to the completion of commercial extinctive prescription, and thus, B’s surety obligation also became extinct.
As to this, the plaintiff's notification to C at the time of sale of secured real estate and re-argument that C did not raise any objection and approved the debt.
B. 1) The so-called “KB Real Estate Trust” (hereinafter “KB Real Estate Trust”) is the trustee, when C, the principal debtor, delayed the repayment of the loan.
) The real estate in security trust trust trust trust trust trust trust trust trust trust trust trust trust trust trust trust trust trust trust trust trust trust trust trust trust trust trust trust trust trust trust trust trust trust held by
From April 10, 2012 to May 3, 2012, 7 times in total.