사해행위취소
1. The defendant shall implement the procedure for the denial of registration for each of the registrations listed in attached Table 5 to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
1. Basic facts
A. On September 13, 2017, the Plaintiff’s Intervenor entered into a credit guarantee agreement with the rehabilitation debtor A (hereinafter “Rehabilitation debtor”) who operated the D Hospital and the rehabilitation debtor entering into a credit guarantee agreement with the maturity period from September 13, 2017 to September 12, 2018 regarding the principal and interest of loan to be borne with a loan from the Industrial Bank of Korea.
B. On December 22, 2017, E Co., Ltd.: (a) obtained a decision of provisional seizure of KRW 2,00,000,000 on the claim amounting to 2,000,000 for the F building G in Busan, which is a debtor’s workplace; (b) obtained a decision of provisional seizure (i.e., Busan District Court Decision 2017Kadan101876, Dec. 22, 2017, the Industrial Bank of Korea (hereinafter “instant guarantee accident”); (c) requested the Plaintiff’s Intervenor for the performance of the guaranteed obligation; and (d) on August 20, 2018, the Plaintiff’s Intervenor subrogated the Industrial Bank of Korea for KRW 137,315,002 as the repayment of the guaranteed obligation.
C. The rehabilitation debtor completed the registration of establishment of each collateral (as stated in attached Table 5; hereinafter “each of the registrations of this case”) to the defendant, the mother of the rehabilitation debtor, the defendant as the creditor, as shown below.
(2) Each real estate registered on December 18, 2017 as indicated in the separate sheet No. 70144, Dec. 18, 2017; and each real estate registered on December 19, 2017, as indicated in the separate sheet No. 7017, Dec. 18, 2017; and each contract to establish a mortgage on December 19, 2017, signed on December 18, 2017 with the Busan District Court Book No. 88736, Dec. 19, 201; and each contract to establish a mortgage on December 15, 2017, which was completed on December 15, 2017 as indicated in the separate sheet No. 800,00,000,000 registered on December 3, 200, Ulsan District Court No. 7014, Dec. 4, 2017; and each real estate registered on December 15, 2017.