사해행위취소
1. The contract to establish a mortgage between the Defendant and B on June 5, 2014 regarding the real estate stated in the separate sheet No. 1.
Basic Facts
On April 20, 2009, the Plaintiff entered into each credit guarantee agreement with C Co., Ltd. (hereinafter referred to as “C”) with a credit guarantee principal of KRW 150 million, the credit guarantee principal of KRW 72 million on January 27, 201, and the credit guarantee principal of KRW 129 million on November 25, 2013 (hereinafter referred to as “each credit guarantee agreement of this case”) in order of each credit guarantee agreement with a total of KRW 129 million on November 25, 201.
D, B, etc. jointly guaranteed C’s obligation to the Plaintiff at the time of each credit guarantee agreement in this case.
C In accordance with each credit guarantee agreement of the instant case, the Bank was granted a small and medium enterprise loan from the Bank.
C On April 19, 2014, a credit guarantee accident under each of the credit guarantee agreements in this case occurred due to delinquency in the repayment of the principal of the loan.
On May 30, 2014, the Plaintiff repaid KRW 150,778,438 of the principal and interest of a loan under the credit guarantee agreement in subrogation of C, and recovered KRW 1,075,050 on the same day. The Plaintiff repaid KRW 72,329,740 of the principal and interest of a loan under the credit guarantee agreement and KRW 129,208,794 of the principal and interest of a loan under the credit guarantee agreement.
The Plaintiff filed an application against C and D for the payment order with this court, but C, etc. filed an objection, and this court rendered a judgment on December 5, 2014, ordering C and D, etc. to jointly and severally pay the Plaintiff the total amount of KRW 247,940,396 (No. 2014da32284) and the said judgment became final and conclusive.
B On June 5, 2014, the Defendant entered into a contract with the maximum debt amount of KRW 65 million with respect to the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) (hereinafter “instant contract”). On June 11, 2014, B concluded the registration of creation of a neighboring mortgage (hereinafter “instant collateral”) with respect to the instant real estate as the obligor B, the mortgagee, the Defendant, and the maximum debt amount of KRW 65 million.
[Ground] Facts without dispute, and evidence Nos. 1 through 6 are numbers.