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...
1. Facts of recognition;
A. On April 9, 2012, the Plaintiff: (a) lent KRW 498 million to B at interest rate of KRW 7.8% per annum (19.8% per annum); and (b) agreed on April 9, 2013 to lose the benefit of the time limit if the interest is overdue; and (c) concluded on April 6, 2012, to secure the claim for the loan (hereinafter “instant real estate”) with respect to the real estate indicated on the attached real estate (hereinafter “instant real estate”) indicated on April 6, 2012, the Plaintiff completed the registration of the establishment of the neighboring real estate, the debtor, and the creditor.
B. However, from September 2012, B did not pay interest to the Plaintiff even around July 15, 2013.
C. Meanwhile, as between B and July 15, 2013, the Defendant concluded a contract to lease the instant real estate by setting the lease deposit amount of KRW 25 million, and the lease period as until July 15, 2015 (hereinafter “lease”), confirmed that the Plaintiff’s maximum debt amount regarding the instant real estate was KRW 647 million, and agreed to pay the remainder of KRW 20 million on July 16, 2013 when verifying the Plaintiff’s debt guarantee against B by paying the down payment of KRW 5 million on the contract date.
However, the Defendant, upon receipt of a request from B to pay the down payment of KRW 10 million on the contract date after the conclusion of the instant lease contract, transferred the down payment of KRW 10 million to B on July 15, 2013, which is the contract date, and received a fixed date and completed the move-in report by paying KRW 15 million on the following day, without paying the remainder. < Amended by Presidential Decree No. 24573, Jul. 16, 2013>
The market price of the instant real estate around July 15, 2013 was KRW 535 million, and KRW 615 million, and KRW 275 million, and KRW 300 million, with respect to the instant real estate, KRW 53,502,055, provisional attachment on November 11, 2013, for the creditor E, claim amount was 53,502,055, provisional attachment on November 15, 2013, the creditor bank, claim amount was 90,69,665 provisional attachment on November 15, 2013, and the claim amount was 14,476,854.