사해행위취소
1. The judgment of the court of first instance is modified as follows.
With respect to the real estate indicated in the attached list between the defendant and B.
1. Basic facts
A. The Plaintiff issued a credit guarantee agreement with B pursuant to the credit guarantee agreement with B, and B took out a loan from the National Bank on March 11, 2009 with a total of KRW 127 million from the Korea Standards Bank on June 3, 2011.
On September 4, 2012, however, due to delinquency in interest in B, a credit guarantee accident under the above credit guarantee agreement occurred.
On January 10, 2013, pursuant to the credit guarantee agreement, the Plaintiff paid to the Korean Standards Bank KRW 23,58,299, and KRW 86,587,241, a total of KRW 110,145,540 to the National Bank on January 31, 2013; and the Plaintiff paid KRW 160,51,372 to B as of the closing date of the pleadings at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the court at the level of KRW 160,511,372 (the amount of KRW 109,904,148, and delay damages for KRW 23,434,189 (the amount of KRW 10,917,970, KRW 86,469,81).
B. B, on June 15, 2012, the real estate listed in the separate sheet (hereinafter “instant real estate”) as the only real estate owned by the Defendant (hereinafter “instant real estate”) was sold to the Defendant, the wife, in accordance with the purchase price of KRW 258 million (the contract amounting to KRW 20 million shall be paid at the time of the contract; the intermediate payment of KRW 48 million shall be paid at the time of the contract; the intermediate payment of KRW 190 million shall be paid at the time of July 15, 2012; the intermediate payment of KRW 190 million shall be paid at the time of August 7, 2012; the intermediate payment shall be offset against B’s debt borrowed from the Defendant from January 9, 2009; the outstanding payment of KRW 163 million from the remainder shall be paid to the Defendant in accordance with the purchase and sale contract (hereinafter “instant share”).
C. 1) With respect to the instant real estate at the time of the instant contract, the registration of creation of a mortgage on each of the instant real property (hereinafter “registration of creation of a mortgage on each of the instant neighboring areas”) with each of the following factors: (a) Korea Standards Bank for the mortgagee, B, the debtor, the maximum debt amount of KRW 96 million, and KRW 120 million.
2) On November 12, 2012, the Defendant had completed the instant case to C.