사해행위취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Basic Facts
In order to obtain a loan from C (hereinafter “C”), the Plaintiff entered into a credit guarantee agreement between the Plaintiff and the Plaintiff as of May 2, 2013 with the coverage amounting to KRW 180 million and the guarantee period until April 30, 2014 (hereinafter “the instant credit guarantee agreement”), and B borrowed KRW 200 million from C based on the instant credit guarantee agreement.
However, on February 26, 2019, B caused a credit guarantee accident due to overdue interest, and on May 31, 2019, the Plaintiff subrogated KRW 154,765,567 to C in accordance with the credit guarantee agreement in this case.
Attached Form
On December 28, 2018, the disposition B of the real estate indicated in the list shall sell the real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant for KRW 746,00,000 (hereinafter “instant sales contract”) and completed the registration of ownership transfer under the attached list No. 1628, Feb. 1, 2019.
On the other hand, on February 1, 2019, the establishment registration of the instant real estate was cancelled on the following grounds: (a) the maximum debt amount of KRW 780 million and KRW 360 million; (b) D Co., Ltd. (hereinafter “D”); (c) each of the maximum debt amount of KRW 300 million (2); and (d) E Co., Ltd. (hereinafter “E”) with respect to the instant real estate on the other hand after the conclusion of the instant sales contract.
On February 1, 2019, the Defendant entered into a mortgage agreement with the F Bank regarding the instant real estate with the maximum debt amount of KRW 720 million, and with the F Bank with the F Bank with the F Bank, and completed the registration of establishment of a neighboring mortgage by the Daegu District Court No. 1629 on the same day.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5 (including serial numbers; hereinafter the same shall apply), Eul evidence Nos. 10, and claims protected by the obligee’s right of revocation for the entire purport of pleadings are committed. In principle, claims protected by the obligee’s right of revocation for the entire purport of pleadings are considered as fraudulent acts.