사해행위취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Facts of recognition
On September 30, 2014, the Plaintiff entered into a credit guarantee agreement between C and C with the credit guarantee principal of KRW 360 million and the credit guarantee term until March 27, 2015.
Since then, the term of guarantee under the above agreement was respectively changed to KRW 170,000,000 and the term of guarantee on March 25, 2016.
On April 15, 2015, the Plaintiff entered into a credit guarantee agreement with D (hereinafter referred to as D) with the representative of D (hereinafter referred to as “D”), whereby the credit guarantee principal is KRW 270 million, and the credit guarantee term is until April 15, 2016, with the credit guarantee principal as of April 15, 2016, respectively, with the credit guarantee agreement with the credit guarantee principal as of April 15, 2016.
On the other hand, C guaranteed the debt owed by D to the plaintiff in accordance with the above credit guarantee agreement.
C and D received loans from the Plaintiff’s Intervenor around that time based on each credit guarantee agreement with the Plaintiff.
However, since January 27, 2016, C began to delay its interest from February 15, 2016.
After all, C and D failed to repay each of the above loans, and on April 12, 2016, the Plaintiff repaid KRW 171,43,555 in subrogation of C to the Intervenor joining the Plaintiff, and KRW 632,987,173 in subrogation of D.
C On October 15, 2015, between the Defendant and the Defendant, the sales contract on the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant sales contract”) was concluded as payment in kind for debt to the Defendant, and the registration of ownership transfer was completed to the Defendant on November 9, 2015.
Meanwhile, the base market price of the instant real estate around October 2015 is KRW 1 billion and the base market price around February 2017 is KRW 1.14 billion.
【In the absence of dispute, the grounds for recognition, entry of Gap Nos. 1, 4, 5, 8, 10, Eul Nos. 5 and 14 (including the Serial number; hereinafter the same shall apply), the result of the appraisal by the appraiser E of the first instance trial, and whether the whole purport of the pleading is recognized.