사해행위취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The following facts are acknowledged in full view of the basic facts Gap, Eul Eul, Eul, and the records in the first instance court's order to submit financial transaction information to Korea Post, Nonghyup Bank, and national bank.
[1] On December 21, 201, the Plaintiff entered into a credit guarantee agreement with C to guarantee loans owed by C to the Industrial Bank of Korea.
The credit guarantee agreement of this case (hereinafter “the credit guarantee agreement of this case”) was to provide the credit guarantee principal of KRW 169,200,000 and the term of the credit guarantee by December 20, 2012.
B entered into an agreement between the Plaintiff and C on the joint and several guarantee of all obligations that C owes to the Plaintiff under the instant credit guarantee agreement (hereinafter “instant joint and several guarantee agreement”).
[2] B owned each real estate listed in the [Attachment] List (hereinafter “each real estate of this case”; when each real estate is individually named, 3,305 square meters for H land in Yangju-si (hereinafter “H land”); 70 square meters for I roads (hereinafter “I land”); 1,535 square meters for Jland (hereinafter “J land”); and 70 square meters for K land (hereinafter “K land”).
B On December 30, 2011, between the Industrial Bank of Korea and the third real estate, H land, J land, and K land, the maximum debt amount of 240,000,000 won as joint collateral, and C-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based.
B entered into a sales contract between L and L on August 23, 2012 to sell H land in KRW 1,000,000,000, and completed the registration of ownership transfer on November 9, 2012.
B On November 5, 2012, the Defendant entered into a contract to establish a joint collateral (hereinafter “mortgage”) with the maximum debt amount of KRW 300,000,000 with respect to each of the instant real estate as joint collateral and the debtor B’s collateral (hereinafter “mortgage”) and completed the registration of the creation on the same day.
B The J land between the Defendant and the Defendant on November 5, 2012.