사해행위취소
1. As to B’s co-ownership share of 166/331 square meters in south-gu C Forest land at the port between B and the Defendant at port. < Amended by Act No. 13090, Jan. 5, 2015>
1. Facts of recognition;
A. On March 13, 2013, B entered into a policy fund operation loan agreement with the Saemaul Fund Depository (hereinafter “SOF”) at the request of the Korea Saemaul Fund Depository (hereinafter “SOF”) with KRW 8 million.
On the same day, the plaintiff entered into a credit guarantee agreement with B, and issued a credit guarantee certificate to community credit cooperatives.
(Amount of 7.6 million won, until March 9, 2018). (b)
B on December 14, 2014, the principal and interest under the above loan agreement were overdue, and the Plaintiff subrogated to the community credit cooperative on April 2, 2015, KRW 5,191,851.
C. On April 2, 2015, the Plaintiff recovered 159,060 won for unpaid guarantee fees regarding credit guarantee agreements from B, and accordingly, the remainder of the Plaintiff’s subrogation was 5,032,971 won (=5,191,851 won-159,060).
In addition, the Plaintiff paid KRW 197,550 at the expense when making a provisional attachment to preserve the claim for reimbursement against B, and in addition, the Plaintiff incurred KRW 52 at the amount of damages according to the rate of damages stipulated in the credit guarantee agreement.
E. On June 18, 2015, the Plaintiff filed an application against B for a payment order on KRW 5,230,393 (=5,032,791 + substitute payment for legal procedure expenses + KRW 197,550 + conclusive damages 52) of the amount of the claim for reimbursement at the Seo-gu District Court Branch.
(2015. B. The court ordered B to pay the above amount to the Plaintiff on June 22, 2015, and the above payment order was the same year.
8. 25. The decision was finalized as is.
F. On January 15, 2015, B concluded a mortgage agreement (hereinafter “instant mortgage agreement”) with the Defendant on one’s co-ownership of 166/331 square meters of his/her co-ownership among the 331 square meters of the Nam-gu forest C, Nam-gu (hereinafter “instant land”). On the same day, B concluded a mortgage agreement with the Defendant on the same day, B, the obligor, the maximum debt amount of KRW 36 million (No. 468, Jan. 5, 2015, the Daegu District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch, etc.).
(g) B shall be subject to this.