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(영문) 서울중앙지방법원 2019.04.24 2018나60207

사해행위취소

Text

1. Revocation of the first instance judgment.

2. To transfer the instant case to the Incheon District Court.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. Around August 27, 2012, the Seoul Credit Guarantee Foundation entered into a credit guarantee agreement with Nonparty A Co., Ltd. (hereinafter referred to as “A”) and entered into a credit guarantee agreement with E under the joint and several surety of E and F. On the same day, A issued a credit guarantee agreement with A on August 25, 2017 with the principal of the guarantee, which is KRW 50,000,000, and the term of the guarantee by individual means of the guarantee. A received a loan by submitting this credit guarantee agreement to the M Bank.

B. (1) E and F are 1/2 equity right holders of the real estate listed in the separate sheet as indicated in the separate sheet, and E were the owners of the real estate listed in the separate sheet 2 from December 29, 2009 to April 15, 2016.

(2) On March 29, 2016, E and F entered into a mortgage agreement with Defendant B Co., Ltd. (hereinafter “Defendant B”) with respect to each of the above real estate, with the debtor F and the maximum debt amount of KRW 200 million, and completed the registration of creation of a neighboring mortgage on March 30, 201.

(3) On March 18, 2016, E entered into a mortgage agreement with Defendant D with regard to the real estate listed in the separate sheet 2, with the obligor E and the maximum debt amount of KRW 100 million, and completed the registration of creation of a neighboring mortgage on March 22, 201.

C. On April 28, 2016, A performance of the guaranteed obligation caused a guarantee accident by installment repayment delay, and M Bank was unable to repay the principal obligation, such as loans and interest, due to A’s loss of repayment capacity, and upon which M Bank requested the Plaintiff to discharge the guaranteed obligation, the Plaintiff subrogated for KRW 17,824,753 to M Bank on July 6, 2016.

On August 18, 2016, Nonparty E and F declared bankrupt of E and F, respectively, by the Incheon District Court 2016Hadan2012,2013, respectively, and the Plaintiff was appointed as a trustee in bankruptcy.

E. (1) The Seoul Credit Guarantee Foundation (hereinafter referred to as the “Seoul Credit Guarantee Foundation”) was declared bankrupt of E and F, September 5, 2016, which was September 5, 2016, against Defendant B and D, by this Court No. 2016 Ghana5207341.

subsection (b).