사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff’s credit against C (1) upon C’s guarantee request, the Plaintiff guaranteed C’s obligation to repay the principal and interest of the loan to be borne by C in obtaining a loan from D, and entered into a guarantee agreement as listed below.
The guarantee term of 1-6-06-17, 2019-17-17 42,500 (2) of the F General Fund loan of 2019-17-17,000 (2), however, on September 18, 2018, C caused a guarantee accident due to this natural body, and the Plaintiff subrogated to D according to D’s claim for the performance of the guaranteed obligation.
On the other hand, according to Article 10 of the Credit Guarantee Agreement prepared between the Plaintiff and C, the legal procedure costs incurred by the Plaintiff for the payment of C and the delay damages under the prescribed rate (10% in this case) determined by the Plaintiff as well as the statutory procedure costs incurred by the Plaintiff for the payment of C are also the amount to be paid by C.
B. On November 23, 2012, the sales contract and the registration of transfer between C and the Defendant (1) purchased the sales right of KRW 769,804,90 from Nonparty G on the attached list of KRW 769,804,90 (hereinafter “instant real estate”) and completed the registration of ownership transfer on November 28, 2012 as C and Defendant 1/2 shares.
(2) On November 28, 2012, C borrowed KRW 306,00,000 from H as security the instant real estate, and on the same day, C completed the registration of the establishment of a neighboring mortgage of the obligor C and the mortgagee C and the mortgagee C. on the same day.
(3) On April 10, 2015, C borrowed KRW 306,00,000 from D as collateral and repaid the debt with the right to collateral security under the preceding paragraph. On the same day, C completed the registration of establishment of a neighboring mortgage of the debtor C and the mortgagee C and the mortgagee D on the same day. The registration of establishment of a neighboring mortgage was revoked.
(4) C) On 2017.