사해행위취소
The part against Defendant C in excess of the amount ordered under the judgment of the first instance shall be revoked, and that part shall be revoked.
1. Basic facts
A. On April 28, 2017, the Plaintiff agreed to lend KRW 100 million to D at the interest rate of 2.5% per month, and the due date of repayment on July 28, 2017, and deposited KRW 100 million with D’s account on the same day.
(hereinafter “instant loan”). At the time of the instant loan agreement, Defendant C guaranteed the Plaintiff’s obligation to borrow the loan due to the instant loan.
B. On February 28, 2018, Defendant C entered into a mortgage agreement with Defendant B (hereinafter “mortgage agreement”) with regard to the real estate listed in the attached list No. 1 owned by Defendant C (hereinafter “instant apartment”), and on the same day, Defendant B completed the registration of creation of a neighboring mortgage stated in the purport of the claim, Defendant C, the debtor C, and the mortgagee B (hereinafter “the registration of creation of a neighboring apartment”).
Defendant B is the wife of Defendant C.
C. Defendant C did not have any property other than the apartment of this case, which was based on the market price of approximately KRW 620 million at the time of establishing the mortgage of this case.
In addition, at the time of the instant apartment contract, ① the maximum debt amount of KRW 264 million, ② the debtor E, the creditor Fright Co., Ltd., ② the maximum debt amount of KRW 19.2 million, ② the debtor E, the creditor Fright Co., Ltd., ③ the maximum debt amount of KRW 58.8 million, ③ the debtor C, the debtor C, and the creditor Fright Co., Ltd., respectively.
Defendant C was liable to Defendant B for the total amount of KRW 163 million at the time of concluding the instant mortgage agreement. However, around February of 2018, Defendant C requested Defendant B to lend additional KRW 115 million to Defendant B, and received a demand for the establishment of a mortgage on the instant apartment, Defendant B had completed the registration of establishment of a mortgage on the instant apartment, and was additionally lent KRW 11,500,000 from Defendant B on March 23, 2018.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2-2, 3, 4, and Eul evidence 1 and 2-2.