사해행위취소
1. The Plaintiff, Defendant B, and D shared KRW 458,052,137, and Defendant C jointly with Defendant B and D, 450,000 out of the said money.
1. Facts of recognition;
A. The parties involved Defendant B operated the meat processing and distribution company with the trade name “F”.
Defendant C is the wife of Defendant B, and Defendant E is the couple of Defendant B, and Defendant D is the husband of Defendant E.
B. On October 16, 2008, the Plaintiff subrogated for the price of G goods (the first subrogation of the instant case) (hereinafter referred to as “G”), as security for the goods payment obligation against G, and set up a maximum debt amount of 520,000,000 won with respect to the land owned by the Plaintiff, as security for the goods payment obligation against G, and as security for the land of Ha et al. (hereinafter referred to as “instant land”). G around May 20, 2009, applied for a voluntary auction on the instant land based on the said right.
Defendant B’s horse that he would be repaid on behalf of the Plaintiff to prevent auction as soon as he was paid on behalf of the Plaintiff, and the Plaintiff repaid Defendant B’s debt of KRW 416,031,905 to G around October 19, 2009.
(hereinafter referred to as the "first subrogation" in this case.
The Plaintiff’s subrogation for the Plaintiff’s I Bank loan (the second subrogation) was granted from the I Bank to the Defendant C on October 26, 2009 (hereinafter “the instant loan”). Defendant B believeded to repay the above loan under the name of the Defendant C, and the Plaintiff offered the instant land as security for the instant loan, as well as jointly and severally guaranteed the above loan obligation to the I Bank. Meanwhile, Defendant B paid the above loan to the Plaintiff as repayment of the first subrogation. (2) In the event of the arrears of the instant loan, on October 28, 2010, the Plaintiff repaid the principal and interest of 458,052,137 won to I Bank as a surety and a joint surety.
(hereinafter referred to as the "Secondary Subrogation") . D.
Defendant B’s business closure and business registration 1) Defendant B made a report on business closure with respect to “F” on December 2, 2009, and made business registration with the name of “F” in the name of Defendant D, which is one of its own agents, on December 9, 2009, after a week thereafter. 2) Defendant D made business registration with respect to Defendant B.