사해행위취소
Defendant A and B jointly and severally filed against the Plaintiff KRW 40,361,640 and KRW 40,000,080 among them, on October 31, 2019.
1. On June 24, 2016, the Plaintiff entered into a loan agreement with Defendant A with the terms indicated below (hereinafter “instant loan agreement”), and Defendant B jointly and severally guaranteed the above loan obligations on the same day.
The interest rate of 2.47% ( modified interest rate) per annum 12% (12%) interest rate per annum from the commencement date of repayment of the principal and interest interest rate for two years, and for three years, the defendant A paid interest on the repayment date every one month in accordance with the repayment date schedule and the repayment date schedule of principal and interest in the equal installments method in accordance with the repayment date schedule of the principal and interest repayment date schedule every three years. The defendant A lost the interest on October 28, 2019 by delaying the repayment of the principal and interest to the plaintiff from July 30, 2019.
As of October 30, 2019, Defendant A’s amount to be repaid to the Plaintiff as of October 30, 2019 is KRW 40,361,640 in total (i.e., principal amount of KRW 40,000,080 and KRW 212,823 in total and KRW 65,464 in delay damages of KRW 70,123 in delay damages of KRW 13,150 in total.
On March 27, 2019, Defendant A acquired the ownership of each of the instant real estate on the grounds of reversion of trust property, and on the same day, Defendant A completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) that constituted “86,400,000 won with the maximum amount of claims, Defendant A, and Defendant A and a mortgagee D,” regarding each of the instant real estate.
Defendant C entered into a sales contract of KRW 880,00,000 for each of the instant real estate with Defendant A on March 31, 2019 (hereinafter “instant sales contract”), and completed the registration of ownership transfer on April 11, 2019.
The establishment registration of the instant establishment was cancelled on October 18, 2019, after the instant sales contract was concluded.
[Ground of recognition] Defendant A, B: Defendant C: The absence of dispute, Gap evidence Nos. 3 through 6, 8 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1, and the purport of the whole pleadings, as a whole, under Article 208(3)3 (a) of the Civil Procedure Act
2. The plaintiff's defendant A and B