사해행위취소
1. It was concluded on June 28, 2018 with regard to the real estate stated in the separate sheet between Defendant B and the Defendant.
1. Facts of recognition;
A. The Plaintiff entered into a credit guarantee agreement with B, who operates a personal business entity called C, with each of the following sub-chapter B (hereinafter referred to as the "sub-country bank") on each of the loans (credit amount) from the D Bank Yang-si Branch of the D Bank in the following table:
The guaranteed rate of KRW 20,00,000 in the guaranteed principal of the guaranteed principal on June 5, 2017: 100% on June 3, 202: F27,00,000,000 on February 8, 2018: 90% on February 8, 2018: 30% on February 5, 2021.
B. However, from August 7, 2018, B lost the benefit of time due to delinquency in paying interest on each of the above loans (credit amount).
C. Accordingly, on December 10, 2018, the Plaintiff paid to the non-party bank KRW 19,946,494 (i.e., principal KRW 19,580,00,00) and KRW 27,546,368 (i.e., principal amount of KRW 27,546,368) respectively on the same day, and on the same day, paid to the non-party bank KRW 27,546,368 (i.e., principal amount of KRW 27,00,000), and on the other hand, paid to the Plaintiff under the credit guarantee agreement as above (i.e., expenses incurred in the preservation, transfer, and exercise of the right acquired by the Plaintiff as a result of the fulfillment of the guaranteed obligation).
On June 28, 2018, B completed the registration of the establishment of a neighboring mortgage (hereinafter “the establishment of a neighboring mortgage”) as stated in Section 2 of the Disposition on June 28, 2018, on the real estate listed in the separate sheet (hereinafter “the instant real estate”) to the Defendant on June 28, 2018.
E. At the time of entering into the instant mortgage contract, B had only owned the instant real estate, but the market price was equivalent to KRW 138,70,00,00, and (2) on the other hand, B had also borne the Defendant Company G with the obligation of KRW 20,451,179 with the maximum debt amount of KRW 123,60,00 with the maximum debt amount of KRW 123,60,00, provisional attachment of KRW 20,451,179 with the Industrial Bank of Korea, provisional attachment of KRW 46,580,00 with the Gyeonggi Credit Guarantee Foundation, and the obligation of KRW 40,384,136 with respect to Nonparty H Co., Ltd. (hereinafter “Nonindicted Company”).
【Ground of recognition】 There is no dispute;