사해행위취소
1. He/she shall cancel the reservation for trade concluded with the Defendant and C on March 24, 2015, in connection with the real estate listed in the attached Form List.
2...
1. Basic facts
A. On April 2, 2013, the Plaintiff entered into a credit transaction agreement (hereinafter “instant loan agreement”) with Nonparty D Co., Ltd. (hereinafter “D”), and loaned KRW 50,000 to the said company (hereinafter “instant loan”) (hereinafter “instant loan”), and C provided a limited collateral guarantee with respect to the said loan and the obligation for delay payment, KRW 48 million.
The debtor D of the instant loan did not repay the debt of the instant loan, and eventually lost the final benefit on June 18, 2015, and thereafter, as of April 11, 2016, the time following the instant lawsuit was filed, KRW 45,676,703 (i.e., the principal amount of the loan plus KRW 37,398,903 + the principal amount of the loan + KRW 8,277,800), and the said amount was not repaid until the closing of argument.
B. On March 24, 2015, C entered into a pre-sale agreement with the Defendant on the attached list (hereinafter “instant apartment”) with respect to the purchase and sale of real estate (hereinafter “instant apartment”) (hereinafter “instant pre-sale agreement”), and on the same day, C completed the provisional registration of the right to claim ownership transfer registration against the Defendant.
C. C’s active property at the time of the instant promise to sell and purchase the instant apartment in addition to the instant apartment in an amount of KRW 51,002,60,000, and only the officetel of the building E used in the building F was left. However, a small property was a total of KRW 730,000,000,000,000,000,000,000,000 in addition to the guaranteed debt under the instant credit transaction agreement, as well as the secured debt (150,000,000,000) established on the instant apartment in addition to the guaranteed debt under the instant credit transaction agreement.
[Reasons for Recognition] The non-contentious facts, the entry of Gap 1 through 8, the K head of this court, the head of Gwanak-gu in Seoul Special Metropolitan City, L safe, and G bank, the results of each fact-finding, the purport of the whole pleadings.
2. Determination
A. The plaintiff alleged by the parties concerned is the promise to trade of this case, which is the debtor C's disposal act.