사해행위취소
1. As to each real estate listed in the Schedule of Attached 1:
A. Nonparty C and Defendant A were concluded on April 10, 2015.
Basic Facts
On May 16, 2013, the Plaintiff entered into a credit guarantee agreement with Non-Party D Co., Ltd. (hereinafter “Non-Party D”) on the coverage amount of KRW 289,000,000 and May 15, 2015. Accordingly, the Non-Party Company borrowed KRW 340,000,000 from a national bank.
The non-party C has jointly and severally guaranteed the non-party C's indemnity obligation under the above credit guarantee agreement.
The Plaintiff subrogated for KRW 296,868,321 to the National Bank on October 6, 2015 due to the credit guarantee accident of D.
On April 10, 2015, the sales contract C between the Plaintiff and the Defendants entered into a sales contract with Defendant A, who is Chowon, for each of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) with regard to KRW 300,000,000, and completed the registration of ownership transfer on April 17, 2015.
C Around June 11, 2015, a sales contract for each real estate listed in the separate sheet No. 2 (hereinafter “instant real estate”) with the purchase price of KRW 6,200,000 for each real estate listed in the separate sheet No. 2 (hereinafter “instant real estate”) was concluded, and completed the registration of ownership transfer as of June 18, 2015 by the Changwon District Court was completed on June 18, 2015.
On the other hand, at the time of each of the above sales contracts between C and the Defendants, C was insolvent as a debt excess.
【Unless there is any special circumstance, it constitutes a fraudulent act for a debtor to sell and consume real estate in excess of his/her obligation, and as seen earlier, C sells real estate owned by himself/herself to the Defendants in excess of his/her obligation, it is reasonable to see that it constitutes a fraudulent act, as seen earlier, since it is difficult for C to sell real estate owned by himself/herself to the Defendants in excess of its obligation.
Therefore, barring any special circumstance, Apr. 10, 2015 between C and Defendant A on the instant real estate No. 1.