사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff’s claim against B (1) concluded a credit guarantee agreement with B on July 16, 2014, and B extended KRW 297.5 million from the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) around this time based on the said credit guarantee agreement.
(2) B did not pay the above loan obligation, and the Plaintiff paid 301,635,379 won to the foreign exchange bank on behalf of B on July 30, 2015.
(3) The Plaintiff filed an application with the Seoul Western District Court 2015 tea71886 for a payment order seeking reimbursement against B.
On November 13, 2015, the above court ordered the creditor (the plaintiff in this case) to pay 302,356,491 won and 301,635,379 won among them, with 12% per annum from July 30, 2015 to the service date of the authentic copy of the payment order, and 15% per annum from the next day to the full payment date.
The above payment order was served on B on November 18, 2015, and it was finalized on December 3, 2015.
B. On November 13, 2013, the Defendant concluded a sales contract with the Defendant to sell all of the real estate listed in the separate sheet to B for KRW 378 million.
On November 13, 2013, the Defendant received KRW 30 million from B as part of the remainder on November 20, 2013, and KRW 45.8 million from November 20, 2013.
(2) B completed the registration of ownership transfer on November 21, 2013 for each of the instant real estates.
(3) The Republic of Korea (Korea) seized each of the instant real estate on May 27, 2014 on the grounds that taxes were delinquent.
Although there is a dispute between B and the Republic of Korea in relation to the above tax, the tax in arrears of B claimed by the Republic of Korea reaches approximately one billion won.
(4) The Defendant is the case from the day following the registration of partial transfer of ownership on July 29, 2014 (hereinafter “instant sales contract”) with respect to each of the three-seven shares among the instant real estate as of August 14, 2014 by the Busan District Court Branch, Seocheon Branch, Kimpo-si Office, 2014 (No. 66137).