사해행위취소
1. The contract of donation concluded on October 31, 201 by the Defendant and B with respect to real estate listed in the separate sheet shall be revoked.
2...
1. Facts of recognition;
A. On February 20, 2009, the deceased B entered into a credit guarantee agreement (hereinafter “the first agreement”) with each of the Defendant setting the guarantee amount as KRW 285,00,000, and the guarantee period as until February 19, 2010 (hereinafter “the guarantee period thereafter was changed to KRW 240,000,000, and the guarantee period was changed to February 8, 2019), and obtained a loan of KRW 300,000,000 from Company D (hereinafter “D”).
B. On June 15, 2015, the deceased B entered into a credit guarantee agreement (hereinafter “the second agreement”) with each of the credit guarantee agreements (hereinafter “F”) between the Defendant and the end of June 14, 2016, setting the guarantee amount as KRW 144,00,000, and the respective period of guarantee as until June 14, 2016 (the latter agreement was changed to KRW 140,000,000, and the period of guarantee was changed to June 14, 2018, respectively), and obtained a loan of KRW 180,000,000 from the E Co., Ltd. (hereinafter “F”).
C. On May 11, 2018, the net B delayed the repayment of the above loan to D, and on June 15, 2018, each guarantee accident where the repayment of the above loan to F was delayed on June 15, 2018, the Plaintiff subrogated for KRW 241,158,973 on July 20, 2018 for the net B, and KRW 141,786,465 on behalf of the F, respectively.
On July 20, 2018, the Plaintiff recovered KRW 1,298,248 out of the amount of subrogated payment. As of July 20, 2018, the Plaintiff calculated the Plaintiff’s amount of claims, such as the amount of indemnity against the deceased B pursuant to the agreement under Articles 1 and 2 as of July 20, 2018 (i.e., KRW 381,916,035 in total (i.e., the amount of subrogated payment under the agreement 239,860,725 in final damages of KRW 239,860,725 in total).
E. Meanwhile, on October 29, 2017, with respect to the real estate listed in the separate sheet owned by the deceased B (hereinafter “instant real estate”), the ownership transfer registration under the name of the Defendant, the wife of the network B (hereinafter “instant transfer registration”) was completed on October 31, 2017, based on the donation agreement as the grounds for registration.
(e).