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(영문) 대구지방법원 서부지원 2021.02.17 2020가단60687

사해행위취소

Text

1. A sales contract concluded on March 6, 2020 between the defendant and the non-party B on each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement with C (hereinafter “C”) on June 18, 200 with a view to securing C’s obligation for loans to D banks (hereinafter “C”), setting a guarantee period of KRW 100,00,000, and up to June 18, 2014 (up to June 12, 2020), and extended the guarantee period of KRW 85,000,000 on February 10, 2015, and the guarantee period of KRW 85,00,00,000 until February 10, 2016 (up to the end of August 7, 2020), with each credit guarantee agreement (hereinafter “each credit guarantee agreement of this case”). Accordingly, C was provided loans equivalent to the above guarantee amount from D’s representative director to the debt repayment amount of the Plaintiff’s debt (hereinafter “debt’s debt guarantee amount”). According to the agreement, C’s reimbursement of the guarantee amount of each of the instant case’s debt guarantee amount and each of the Plaintiff’s debt guarantee amount.

(c)

C From April 16, 2020, the Plaintiff did not pay the debt of the instant loan from April 16, 202. On July 10, 2020, the Plaintiff subrogated to pay the principal of the loan of KRW 172,450,00 and interest KRW 2,424,443 in total, KRW 174,874,443.

(d)

On the other hand, on March 6, 2020, B entered into a sales contract (hereinafter “instant sales contract”) with the Defendant as to each real estate listed in the separate sheet, which is one of the only real estate (hereinafter “each of the instant real estate”), and completed on March 19, 2020 each of the instant real estate ownership transfer registration (hereinafter “registration of each of the instant real estate transfer”) to the Defendant.

[Recognizing Facts] A without dispute, entry of Gap evidence Nos. 1 through 5 (including each number; hereinafter the same shall apply) and the court's factual inquiry into the administrative office of this court, the purport of the whole pleadings

2. The assertion.