사해행위취소
1. 2/3.0 of the lands listed in paragraph 2 of the same list as the lands listed in paragraphs 1 and 3 of the attached list between Defendant A and C.
Facts of recognition
On May 7, 2012, the Plaintiff entered into a joint and several guarantee agreement between the Plaintiff and C (hereinafter “Nonindicted Company”) with a loan of KRW 400 million from the National Bank, and provided credit guarantee for the principal of the guarantee amount of KRW 400 million on May 7, 2013 (the period of guarantee was changed to April 9, 2015).
The Plaintiff, on April 9, 2013, extended a loan of KRW 150 million from a new bank, provided credit guarantee for the guaranteed principal of KRW 135 million on April 9, 2014 (the period of guarantee was changed to April 9, 2015) and the guaranteed principal.
The Plaintiff obtained a loan of KRW 297 million from a national bank on November 29, 2013 from a non-party company, and provided a credit guarantee with the guarantee principal of KRW 250,245 million on November 28, 2014.
C as the representative director of the non-party company, under the above credit guarantee agreement, jointly and severally guaranteed the non-party company's indemnity obligation against the plaintiff (hereinafter "joint and several guarantee of this case").
On September 30, 2014, the sale and purchase between C and the Defendant and C’s property status C sold 2/3 shares out of the land Nos. 1 and 3 and the land No. 2 for KRW 32 million to Defendant A, a private village type C (hereinafter “instant sale”) and the registration of ownership transfer was completed on October 10, 2014 of the same year.
C’s properties at the time are as follows:
① Active property: Total amount of KRW 394,111,104 - Total amount of KRW 32 million - 7.6/100 equity of KRW 17.6/100 out of KRW 555 square meters on each of the instant lands in e.g., e., e., e., e., e., e., e., 555 square meters (i.e., officially assessed individual land price of KRW 72,800, but appears to be similar to the officially assessed individual land price of the said land. 】 550,000 won (i.e., 106 square meters x 1701 square meters x 17.6/100) - Total average trading area of KRW 1701,92 square meters on September 2014) - The average trading price of the said apartment is deemed to be similar to the average trading price of the said apartment, and (ii) the amount of e.g., the Plaintiff’s joint surety liability against the Seoul Guarantee Co.