사해행위취소 등
1. The plaintiff's main claim is dismissed.
2. The defendant shall pay to the plaintiff KRW 139,558,660 as well as the case of this case.
1. Facts of recognition;
A. (1) On July 31, 2012, A loaned USD 256,866.83 to Nonparty E Co., Ltd. (hereinafter “Nonindicted Company”). Nonparty Co., Ltd agreed to pay the loan to A in four installments each of USD 20,000 from August 2012 to November 2012, and to pay the remainder of USD 176,86.83 on December 31, 2012.
At that time, B guaranteed the above loan debt of the non-party company A.
(2) As of October 11, 2012, the balance of the loan debt owed to Nonparty Company A is USD 226,866.83, and the said balance is KRW 252,389,348 when converted into Chinese currency as of the same day.
B. Meanwhile, on August 27, 2012, B entered into a sales contract with the Defendant, Kenya and the attached list (hereinafter “instant real estate”) with respect to the purchase price of KRW 250 million (hereinafter “instant sales contract”), and completed the registration of ownership transfer to the Defendant on the same day.
C. (1) At the time of concluding the instant sales contract, the market price of the instant real estate, which is the active property B, was KRW 250 million.
On the other hand, on April 16, 2004, our bank (hereinafter “Korea bank”), debtor B, and maximum debt amount of 130 million won (hereinafter “the creation registration of a mortgage of this case”) was completed on July 9, 2009, respectively, the establishment registration of a mortgage of this case (hereinafter “the creation registration of a mortgage of this case”) consisting of the bank of Korea, debtor B, the maximum debt amount of 27 million won, and the establishment registration of a mortgage of this case (hereinafter “the establishment registration of a mortgage of this case 2”).
(2) At the time of the conclusion of the instant sales contract, B’s small property is totaling KRW 958,478,741 [10,441,340 (72,441,340 (the secured debt amount of the instant 1 collateral security establishment registration) of the instant 2 collateral security establishment registration, KRW 38,00,000, and KRW 252,389,348, and KRW 348, and KRW 110,440 for loans to our bank.