사해행위취소
1. The contract to establish a right to collateral security concluded on December 16, 2014 between the Defendant and the Defendant regarding each of the real estate listed in the separate sheet.
1. The following facts may be acknowledged according to the purport of each of the statements and arguments in Gap evidence Nos. 1 and 12 (including each number).
(1) On April 10, 2013, the Plaintiff entered into a credit guarantee agreement (guarantee amount: KRW 1,980,000,000) with C Co., Ltd. (hereinafter “C”) on April 10, 2013, and C was granted a loan of KRW 2,200,000 from one bank as security under the said credit guarantee agreement.
(2) On November 7, 2014, the Plaintiff entered into a credit guarantee agreement (a guarantee amount: KRW 985,500,000) with C, and C was loaned KRW 1,095,00,000 from one bank as collateral under the said credit guarantee agreement.
(3) B jointly and severally guaranteed the obligation of C to the Plaintiff in relation to each of the above credit guarantee agreements.
(4) However, on February 4, 2015, the information on bad credit standing with C was registered, and each of the above loans has lost the benefit of time, and the Plaintiff subrogated for KRW 3,001,92,711 on March 26, 2015, upon one bank’s request for the performance of guaranteed obligations under the credit guarantee agreement.
B. On December 16, 2014, B entered into a mortgage contract of this case, with respect to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) between the Defendant, who was the buyer and the Defendant, under the status that the total amount of debt exceeds KRW 5,942,630,000, including the joint and several surety debt owed by the Plaintiff, as well as the joint and several surety debt owed by the Plaintiff, and entered into a mortgage contract of this case (hereinafter “mortgage contract of this case”) with the maximum debt amount of KRW 150,000,000, and completed the registration of the establishment of a mortgage in
2. Determination
A. In principle, it is required that a claim protected by the obligee’s right of revocation of a preserved claim was created prior to the commission of an act that can be viewed as a fraudulent act. However, at the time of a fraudulent act, there has already been a legal relationship that serves as the basis for the establishment of a claim, and its near future legal relationship