사해행위취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. In the first instance court, the Plaintiff sought to cancel the registration of establishment of a mortgage on the ground that the mortgage contract was null and void as a false signature. In addition, the Plaintiff sought to cancel the registration of establishment of a mortgage and cancel the registration of establishment of a mortgage on the ground that the mortgage contract was a fraudulent act.
The first instance court dismissed the main claim and accepted the conjunctive claim.
This Court's appeal is limited to the conjunctive claim.
2. Basic facts
A. On August 7, 2012, the Plaintiff entered into a credit guarantee agreement with B and the guaranteed amount of KRW 42,500,000. On August 8, 2012, B borrowed KRW 50,000 from the Nonghyup Bank under the Plaintiff’s guarantee.
B. From August 9, 2016, B delayed payment of the interest and principal of the loan, and the credit guarantee accident occurred on November 11, 2016, and the Plaintiff subrogated for KRW 43,572,05 to the Nonghyup Bank Co., Ltd. on November 18, 2016.
C. Meanwhile, between September 13, 2013 and June 30, 2015, C lent a total of KRW 32,000,000 to B, and D lent a total of KRW 13,000,000 to B on March 14, 2016, and April 24, 2016.
On April 24, 2016, the Defendant acquired each of the above loans from C and D, and received a certificate of KRW 45,000,000 from B on the same day.
B On June 1, 2016, the Defendant and the attached list (hereinafter “the instant real estate”) concluded a mortgage agreement with the maximum debt amount of KRW 60,000,000 with respect to the real estate indicated in the attached list (hereinafter “the instant real estate”). On the same day, B concluded a mortgage agreement with the Defendant on the same day.
E. B, at the time of entering into the instant mortgage contract, owns the instant real property worth KRW 255,00,000 with active property, whereas on the other hand, with passive property, the maximum debt amount of KRW 50,00,000 with respect to the loans to Nonghyup Bank and Seogu Daegu Credit Union. < Amended by Act No. 237, Sep. 900>