사해행위취소
1. As to real estate listed in Appendix 1:
A. A sales contract concluded on October 7, 2016 between Defendant B and C is concluded between Defendant C.
1. Basic facts
A. The Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), and issued a credit guarantee agreement (hereinafter “the instant guarantee agreement”) with the Nonparty Co., Ltd. in accordance with the instant guarantee agreement, and C jointly and severally guaranteed all obligations owed to the Plaintiff of the Nonparty Co., Ltd.
EF
B. On September 28, 2016, the non-party company lost the benefit of the due date due to overdue interest on the principal obligation secured by the instant guarantee, and the Plaintiff subrogated for the debt of the non-party company as follows.
EF
C. On October 11, 2016, C completed the ownership transfer registration (hereinafter “instant transfer registration”) on October 7, 2016 with respect to the real estate listed in the separate sheet No. 1 (hereinafter “one real estate”) on October 7, 2016 (hereinafter “instant sales contract”) on October 7, 2016 to Defendant B (hereinafter “the instant transfer registration”).
C On October 21, 2016, on October 201, 2016, Defendant A completed the registration of the establishment of a mortgage (hereinafter “instant mortgage”) with respect to the real estate listed in the attached Table No. 2 (hereinafter “second real estate”) on October 20, 2016 (hereinafter “instant mortgage contract”), the maximum debt amount of KRW 130 million, the debtor C, and the Defendant A with respect to the mortgage (hereinafter “instant mortgage”).
E. Along with the auction procedure regarding 2 real estate, a distribution schedule was prepared to distribute the amount of KRW 99,519,850 to Defendant A based on the status of a mortgagee. The Plaintiff appeared on the date of distribution and raised an objection to distribution on the date of distribution, and thereafter filed a lawsuit of demurrer to distribution with the Suwon District Court 526424 on July 21, 2017.
F. At the time of the instant sales contract, the value of one immovable at the time of the instant sales contract is 19,464 million won. For one real estate, the amount of debt at the time of collateral security which is 56 million won of the mobile agricultural cooperative’s maximum debt amount is 40 million won.