사해행위취소
1. As to real estate listed in the separate sheet:
A. A contract of donation concluded on February 12, 2019 between the Defendant and C.
1. Facts of recognition;
A. The Plaintiff entered into a guarantee insurance agreement with D Co., Ltd. (hereinafter “Non-Party Company”) as follows:
According to the above agreement on August 22, 2016 to December 15, 2017, the non-party company agreed to pay damages for delay interest rate prescribed by the Plaintiff from the day after the date of the payment of the insurance proceeds to the non-party company’s insured, as the insured did not perform its duty on the non-party company’s insured. In this case, the non-party company agreed to pay damages for delay interest rate prescribed by the Plaintiff from the day after the date of the payment of the insurance proceeds to the day of the full payment of the insurance proceeds.
C has jointly and severally guaranteed the obligation to compensate the plaintiff of the non-party company.
(c)
Then, on October 1, 2018, the above insured claimed insurance money against the Plaintiff on the ground of the non-party company's default of obligations. Accordingly, on January 2, 2020, the Plaintiff paid KRW 219,450,000 to the above insured as insurance money.
As of May 27, 2020, as of May 27, 2020, the principle of the non-party company's liability for indemnity against the plaintiff under the above guarantee insurance agreement is 249,680,646 won.
(d)
C On February 12, 2019, the Defendant entered into a donation agreement with the Defendant (hereinafter “instant gift agreement”) with respect to the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”) on the following grounds: (a) on February 15, 2019, the registration of ownership transfer (hereinafter “registration of ownership transfer”) was completed in the Defendant’s future as the receipt No. 17041 of the receipt on February 15, 2019.
E. At the time of the instant donation contract, C was the sole active property of the instant real estate.
F. Meanwhile, on the other hand, on January 28, 2019, prior to the instant donation contract, the instant real estate was registered for the establishment of chonsegwon (hereinafter “right to lease on a deposit basis”) from January 27, 2019 to January 26, 2021 (hereinafter “right to lease on a deposit basis”).
[Grounds for recognition] Gap evidence 1 to 5, Eul.