사해행위취소
1. With respect to the forest land B in Seowon-gu, Seowon-gu, Cheongju-si, 13289 square meters:
A. The sales contract concluded between the Defendant and C on January 3, 2013 is concluded.
1. Basic facts
A. D Co., Ltd. (hereinafter “D”) that created the joint and several debt of D Co., Ltd. (hereinafter “D”) filed an application for a loan for corporate driving general funds with the Korean bank, and received a loan from the said bank on Nov. 26, 2009 (hereinafter “instant loan”) on July 26, 201 after the due date for payment was set as KRW 150,000,000 from the said bank, and C jointly and severally guaranteed the said debt of D (hereinafter “instant joint and several debt”).
B. On November 12, 2013, the Plaintiff transferred the above loan claims against D to the third asset-backed securitization company in Korea. On November 12, 2013, the third asset-backed securitization company in Korea transferred the above loan claims to the Plaintiff. On December 13, 2013, the Plaintiff, who was delegated the authority to notify the assignment of claims by the Korean bank and the third asset-backed securitization company in Korea, notified D of the above transfer of claims to D on December 13, 2013. The above notification was issued to D around that time.
C. On January 3, 2013, C’s disposal of property concluded a sales contract (hereinafter “instant sales contract”) with the Defendant with respect to forest land B 13289 square meters (hereinafter “instant real estate”), the only real estate of the Defendant, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul (hereinafter “instant real estate”). On February 28, 2013, C completed the registration of ownership transfer with respect to the instant real estate.
C at the time of entering into the instant sales contract, no particular property other than the instant real estate was available, and C bears joint and several liability, etc. However, as of June 30, 2015, the instant joint and several liability amounting to KRW 149,97,952 as principal, interest 40,496,979,979 remains.
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 6 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the cause of claim
A. The Plaintiff’s claim for joint and several sureties prior to the conclusion of the instant sales contract with C.