사해행위취소
1. Revocation of the first instance judgment.
2. To transfer the instant case to the Incheon District Court.
Purport of claim and appeal
1..
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).