사해행위취소
1. As to the real estate indicated in the annexed real estate:
A. On November 22, 2013, between the Defendant and B.
1. Basic facts
A. C (hereinafter “instant company”) concluded a credit guarantee agreement with the Plaintiff to be provided with credit guarantee for loans to financial institutions as follows, and received a loan from a financial institution as security a credit guarantee agreement issued under the said credit guarantee agreement. At the time of the said credit guarantee agreement, B (representative director of the instant company) jointly and severally guaranteed the liability for indemnity of the instant company:
The credit guarantee amount on the date of a credit guarantee agreement shall be KRW 1.150 million in Korea bank of KRW 1.27 billion in the original bank of KRW 1.50 million on May 31, 2013, KRW 1.277 billion on May 31, 2013, KRW 1.27 billion in the original bank of KRW 1.27 billion on May 31, 2013.
B. On February 3, 2014, the instant company caused a credit guarantee accident related to the lending of a national bank on April 2, 2014, and on April 2, 2014, the Plaintiff, upon receiving a claim for the payment of deposit, subrogated to the national bank for KRW 831,653,730 on April 22, 2014, and KRW 2,013,953,315 on April 25, 2014 (= KRW 1,087234,543,926,718,772).
C. On the other hand, on November 22, 2013, D entered into a sales promise (hereinafter “instant sales promise”) with the Defendant on the real estate stated in the Disposition No. 1 (hereinafter “instant real estate”). On the same day, D entered into a provisional registration for the right to claim ownership transfer (hereinafter “instant provisional registration”) against the Defendant as stated in the Disposition No. 1-B.
[Grounds for Recognition] A without dispute, Gap evidence Nos. 1-7 (including each number), Eul evidence No. 4, the purport of the whole pleadings
2. Determination
A. The Plaintiff’s claim for indemnity against B of the existence of the preserved claim arose after the date of conclusion of the instant trade reservation.
However, as seen earlier, ① credit guarantee agreements, loan agreements, and joint and several guarantee agreements, which serve as the basis for the establishment of claims for indemnity at the time of the conclusion of the instant purchase and sale reservation, have already been concluded, and ② three months have passed from the date of the conclusion of the instant purchase and sale reservation, and Yan-gu, Yannam-gu