사해행위취소
1. It was concluded on October 4, 2016 between the Defendant and Nonparty B on each land indicated in the separate sheet.
1. Facts of recognition;
A. On May 20, 2015, the Plaintiff and the Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) provided a credit guarantee of a loan amounting to KRW 50 million to Nonparty Nong Bank Co., Ltd. up to May 20, 2020, up to the limit of KRW 42.5 million with the guaranteed principal on May 20, 2015. If the Plaintiff repaid the above loan, the Plaintiff agreed to reimburse the Plaintiff with the amount of subrogated payment, delayed payment, substitute payment, substitute payment, etc., the Nonparty Co., Ltd. provided a joint and several surety for the Plaintiff of the Nonparty Co., Ltd.
B. On September 21, 2016, the Plaintiff lost the benefit of the term of the above loan obligation due to the natural body of the non-party company. On December 29, 2016, the Plaintiff subrogated for KRW 42,830,025 to the Nong Bank Co., Ltd. in accordance with the credit guarantee agreement as above. After doing so, the Changwon District Court Decision 2017 tea409, which filed against the non-party company and B, issued a payment order on January 24, 2017, stating that “the non-party company and B jointly and severally paid to the Plaintiff the amount of KRW 42,198,950 and delay damages.” The payment order was finalized on February 15, 2017.
C. On October 4, 2016, B concluded a mortgage agreement with the Defendant regarding each of the lands listed in paragraph (1) of the Disposition (hereinafter “each of the instant lands”) with the maximum debt amount of KRW 100 million, and the debtor B (hereinafter “mortgage agreement”). On the same day, B concluded a mortgage agreement with the Defendant regarding each of the instant lands under the name of the Defendant, and completed the registration of creation of a mortgage near the instant lands listed in paragraph (2) of the Disposition (hereinafter “the registration of creation of a mortgage”).
On October 15, 2016, each of the instant lands, the sole property of B, was KRW 74,503,800.
E. In Busan District Court 2009Gahap2179 Agreement Deposit filed by the Defendant against Nonparty D, the above court against the Defendant on December 4, 2009 150 million won.