사해행위취소
1. The contract to establish a right to collateral security concluded on May 17, 2012 with the Defendant on May 17, 2012 with regard to the 2,982 square meters in Gangseo-gun, Gangwon-gun.
1. Basic facts
A. The establishment B of the preservation claim was jointly and severally guaranteed by D Co., Ltd. (hereinafter “Nonindicted Company”)’s obligation to pay credit card bills to the Plaintiff.
However, as the non-party company failed to repay the above credit card usage payment obligation from May 2012, the Plaintiff filed an application for payment order against B with the Chuncheon District Court for payment order of the above security deposit of KRW 4,974,030 on August 3, 2012 and KRW 4,775,735 on July 28, 2012 from July 28, 2012 to the date of full payment, and the payment order was issued on August 22, 2012. The above payment order was finalized on August 22, 2012.
B. On May 8, 2012, regarding the instant real estate, which is owned by B’s disposal act, the registration of creation of a mortgage (hereinafter “mortgage”) was already completed on May 8, 2012.
B concluded a mortgage contract with the Defendant on May 17, 2012 (hereinafter “mortgage contract”). Based on this, B concluded a mortgage contract with the Defendant, the Defendant, the maximum debt amount of KRW 39,00,000, and the registration of the establishment of a mortgage near the debtor B (hereinafter “the registration of the establishment of a mortgage”).
C. At the time of the conclusion of the instant mortgage contract in excess of B’s obligation, B had already been in excess of the obligation, such as that there was no particular property other than the instant real estate (as of August 7, 2014, market price of KRW 59,640,000, Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) and KRW 66,00,000, Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) bears the obligation of KRW 11,382,00,000, and the Defendant bears the obligation of KRW 4,775,735.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, and the result of this court's order to submit documents to the Young Military Administration of this Court, the fact inquiry about the Korea Federation of Banks of Banks of this Court, the purport of the whole pleadings
2. Determination
A. Whether a fraudulent act was constituted B is as seen earlier.