사해행위취소
1. The scope of KRW 69,147,60,00, which was concluded on April 19, 2014 with regard to real estate stated in the separate sheet between the Defendant and B.
1. Basic facts
A. The Plaintiff’s claim 1) On April 20, 2012, the Plaintiff Company Seochodo Industrial Co., Ltd. (hereinafter “Schodo Industrial”).
(2) On April 25, 2015, the repayment period is 3.42% per annum of interest, 12% per annum of overdue interest, and 100 million won per annum of equal installment of principal and interest (hereinafter “instant loan”).
(2) As of September 1, 2015, B jointly and severally and severally guaranteed the instant loan obligation within the limit of KRW 120 million. 2) The Seocho-do industry lost its benefit by failing to repay the instant loan obligation from November 13, 2014, and as of September 1, 2015, B, a joint and several surety, as of September 1, 2015, is obligated to repay the Plaintiff the total amount of KRW 79,249,226.
B. B’s disposal of the instant apartment, i.e., the sales contract with the Defendant, who was one’s husband on April 19, 2014, for the instant apartment, KRW 413,80,000 for the sales price (hereinafter “instant sales contract”).
After entering into the contract, the registration of ownership transfer under the name of the Defendant (hereinafter “instant registration of ownership transfer”) was received on June 9, 2014 by the Busan District Court Branch Kimpo-dong Office Kimpo-si, Kimpo-si, 48152.
(2) At the time of the instant transfer registration, the registration of the establishment of a neighboring mortgage was completed in the name of the creditor bank, the maximum debt amount of KRW 275,00,000, and the establishment of a neighboring mortgage (No. 57392, Aug. 28, 2013) in the name of the debtor B, with respect to the instant apartment at the time of the instant transfer registration. However, on June 9, 2014, the additional registration of the registration of the establishment of a neighboring mortgage was completed with the purport of changing the debtor of the said neighboring apartment as the defendant on the ground of the contract acquisition on June 9, 2014.
C. C, a creditor of C’s revocation of fraudulent act and restitution claim, filed a lawsuit seeking revocation of fraudulent act and restitution of the same content similar to the purport of the instant claim against the Defendant by Busan District Court Decision 2014Gahap8768.2) The said court rendered the instant contract between the Defendant and B on May 20, 2015.