사해행위취소
1. The defendant shall attach attached Form 1.2 to the attorney-at-law of the bankruptcy debtor A, who is the party to the lawsuit of the plaintiff Credit Guarantee Fund.
1. Basic facts
A. A entered into a credit guarantee agreement (hereinafter “instant guarantee agreement”) with the Credit Guarantee Fund on August 29, 2002 and on September 4, 2006, with the same content as the attached Form 2, and received a loan by providing the National Agricultural Cooperative Federation (hereinafter “CF”) and the Korea CTR Bank (hereinafter “CF”) with a credit guarantee agreement as security.
B. According to the instant guarantee agreement, where there are a large number of creditors of credit guarantee under the said agreement, A is obligated to pay the Plaintiff in advance when the Credit Guarantee Fund received the notification of a credit guarantee accident or the request for the performance of the guaranteed obligation from any of the creditors.
C. On February 17, 2012, NAF notified the Korea Credit Guarantee Fund of the occurrence of a credit guarantee accident caused by A’s principal delay, etc. on February 28, 2012. Accordingly, the Korea Credit Guarantee Fund, based on the instant credit guarantee agreement, subrogated each of the 12,256,487 won to the NAF and 15,157,827 won to the NAF on the same day on April 19, 2012.
On the other hand, A entered into a mortgage agreement with the Defendant on June 30, 201 with respect to the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”), which is one of one’s sole real estate (hereinafter “instant real estate”), with the maximum debt amount of KRW 60,000,000, and the mortgage agreement with the mortgagee as the defendant (hereinafter “instant agreement”), and completed the registration of the establishment of the neighboring mortgage (hereinafter “instant registration”). < Amended by Act No. 45924, Jun. 30, 2011>
E. Meanwhile, on June 22, 2012, the Korea Credit Guarantee Fund filed the instant lawsuit seeking revocation and restitution on the ground that the instant contract constitutes fraudulent act. On July 17, 2012, A filed a petition for bankruptcy with the Suwon District Court and was declared bankrupt by the Suwon District Court on September 26, 2013, and B as a trustee in bankruptcy on the same day.