사해행위취소
1. The sales contract concluded on December 15, 2014 between C and the Defendant with respect to each real estate listed in the separate sheet No. 1 list is 148,925.
1. Basic facts
A. From May 25, 2014 to October 25, 2014, the Plaintiff sold grain to E, a corporation, the husband D of which is the representative director of E (hereinafter “E”), but did not receive KRW 148,925,600 for sales proceeds.
C On October 30, 2014, after preparing a written confirmation of payment that “C will pay the said sales proceeds of KRW 148,925,600,” and signed and sealed the said written confirmation with the name and seal of “Surety C”.
B. On December 15, 2014, C entered into a sales contract with the Defendant to sell each real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) in the purchase price of KRW 1190 million (hereinafter “instant sales contract”) and completed the registration of ownership transfer for each of the instant real estate on the same day.
C. At the time of the conclusion of the instant sales contract, each of the instant real estate was set up by the collateral security right of F, the debtor, the maximum debt amount of KRW 1,176,00,000 for each of the instant real estate.
On December 15, 2014, the Defendant paid KRW 611,051,661 to E in order to repay the above-mortgaged debt.
F's registration of creation of a neighboring mortgage was cancelled on October 2, 2015 due to termination.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including branch numbers), Eul evidence No. 4-2, and the purport of the whole pleadings
2. The establishment of a fraudulent act;
A. According to the above facts of recognition of preserved bonds, it is reasonable to view that C has jointly and severally guaranteed the obligation for sales proceeds to the Plaintiff, and since the Plaintiff’s above claim against C had already been established before the instant sales contract was concluded, it becomes a preserved bond of obligee’s right of revocation.
B. At the time of the conclusion of the instant sales contract, C’s active and passive properties are as follows.
C as indicated below, each of the instant real estate is to the Defendant in excess of the obligation.