사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The Plaintiff concluded a credit guarantee agreement with B, which operates a mutual company “C,” and issued a certificate of credit guarantee for the loans under B. Since then, upon occurrence of a credit guarantee accident for B, the Plaintiff paid each of the principal and interest of the loans to D Bank on March 7, 2019, KRW 60,527,670, and KRW 59,062,606, and KRW 86,169,29,297 to the Industrial Bank of Korea on March 6, 2019.
On the other hand, B was married with the Defendant on December 9, 1996, and on August 21, 2018, on August 21, 2018, the Defendant, the spouse, donated (hereinafter “instant gift”) the real estate indicated in the attached list (hereinafter “instant real estate”), and completed the registration of ownership transfer on the same day.
B, on December 5, 2018, at the time of reporting divorce with the Defendant, drafted a written agreement with the following content (hereinafter “instant written agreement”) on the same day:
The content 1 of the letter of agreement: The defendant does not grant consolation money to the defendant on condition that two children (E and F) are raised, and the G apartment which is the present residence is donated to the defendant.
In addition, 100,000 won for the child decided to be a minor is replaced by G apartment donation.
(Provided, That the amount of KRW 14,00,00 that was loaned by H association as apartment security shall be succeeded to by the defendant and the defendant shall bear the interest and principal of the loan).The amount that the defendant lent to the personal credit loan and the party before the agreement is reached shall be repaid in full to the defendant in accordance with a schedule.
The details of the loan (cost) on or around March 3018, 2018, non-high HH union 20,000,000 loaned with five-year maturity from the installment repayment around May 26, 2015, the insurance termination payment of KRW 10,000,000,000 for the first installment payment of May 26, 2015, until July 30, 20205, the Defendant insurance termination credit payment of KRW 20,000,000,000,000 for the Defendant’s insurance termination credit payment until July 30, 2015 (based on recognition), the fact that there is no dispute over the support [including the number of each item; hereinafter the same shall apply], the evidence set forth in subparagraphs 1 through 6, and 7, each subparagraph 1.