사해행위취소
1. Defendant A’s KRW 9,264,797 and its KRW 8,93,604 among the Plaintiff, 9% per annum from April 25, 2019 to August 27, 2019.
1. Basic facts
A. (1) On December 26, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A, which provides a credit guarantee agreement between the Plaintiff and Defendant A, within the limit of KRW 10,000,00 for loans to Defendant A Co., Ltd. (hereinafter “instant credit guarantee agreement”).
(2) Defendant A submitted a credit guarantee certificate issued pursuant to the instant credit guarantee agreement to C, and received a loan of KRW 10,000,000 from C.
B. The Defendants’ sales contract 1) Defendant A’s real estate indicated in the separate sheet on December 23, 1974 (hereinafter “instant real estate”).
(D) acquire the ownership of the Association (hereinafter referred to as "D") in 2011;
(2) On January 5, 201, Defendant A and Defendant B, who was granted a loan of KRW 16,000,000, completed the registration of creation of a mortgage on the instant real property on the basis of the maximum debt amount of KRW 18,20,000,000, and on January 5, 2011, Defendant A and Defendant A sold the instant real property to Defendant B, who was the same resident, and the purchase price of KRW 16,00,000,000, to Defendant A’s debt of KRW 16,000,000 against Defendant D, in lieu of the acquisition by Defendant B.
On August 22, 2018, Defendant B entered into a contract with the Daejeon District Court on the instant real estate, and completed the registration of ownership transfer under Article 81798 as to the instant real estate. (3) On August 22, 2018, Defendant B acquired Defendant A’s loan obligations to Defendant A, and completed the registration of change of the right to collateral security changing D’s debtor to Defendant B with respect to the instant real estate on the same day.
C. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) Defendant A caused a credit guarantee accident by delaying the repayment of the principal of the loan obligation as stated in paragraph (1) on January 2, 2019. (2) On April 25, 2019, the Plaintiff repaid KRW 8,993,604 to C by subrogation of the Defendant A.
3. According to the credit guarantee agreement of this case, Defendant A is the Plaintiff.