사해행위취소
1. As to each real estate listed in the separate sheet
A. On October 31, 2013, between the non-party L&C Co., Ltd. and the defendant
1. Facts of recognition;
A. On May 13, 2013, the Plaintiff concluded a guarantee insurance contract with the Non-Party L&C Co., Ltd. (hereinafter “Non-Party Co., Ltd”) whereby the guaranteed amount is KRW 50,000,000, and guaranteed the obligation to loans to the Non-Party Han Bank.
B. However, since around October 16, 2013, the non-party company failed to pay the principal and interest of one bank due to delayed payment of interest on loan interest, etc., and the Plaintiff subrogated the non-party company's interest of KRW 50,69,328 to Han Bank on December 31, 2013. Since then, the non-party company received a final judgment in favor of all of them by filing a claim for reimbursement amounting to KRW 51,393,155 and delay damages thereon against the non-party company around 2014.
C. Meanwhile, on October 31, 2013, the non-party company concluded a mortgage agreement on each of the instant real estate owned by the Defendant (hereinafter “mortgage agreement”) with the Defendant, and subsequently completed the registration of establishment of a neighboring mortgage (hereinafter “the registration of establishment of a neighboring mortgage”) as the 133679 registry office of the Namyang-gu Office of Government Policy (hereinafter “the registration office of establishment of a neighboring mortgage”) around October 31, 2013. At the same time, the non-party company was in excess of its obligation.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings
2. Determination
A. According to the above facts, although the Plaintiff’s claim for indemnity was created after the establishment registration of a mortgage of this case, there was a legal relationship based on the pilot loan contract of this case, which is the basis thereof. On October 6, 2013, it was highly probable that the non-party company would incur a claim for indemnity of this case at the time of non-party company’s failure to pay interest on loans to Han Bank, and on October 31, 2013, it was highly probable on October 31, 2013, and the Plaintiff’s claim for indemnity against the non-party company of this case.