사해행위취소
1. As to KRW 39,876,640 and KRW 39,117,760 among the Plaintiff, Defendant A shall have 12% per annum from April 6, 2018 to July 25, 2018.
1. Determination as to the claim against Defendant A
(a)as shown in the reasons for the attachment of the claim;
(b) Each description of evidence A 1 to 4 of the grounds for recognition;
C. The Plaintiff’s assertion on this part is without merit, since 12% per annum is applied from June 1, 2019 due to changes in the rate of delay damages under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for Partial Dismissal.
2. Determination as to the claim against the defendant B
A. Defendant A established the right to revoke a fraudulent act, upon establishing a collateral security on December 8, 2017 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) against Defendant B, and the order No. 2-B on December 11, 2017.
Before the establishment of the instant right to collateral security (hereinafter “instant right to collateral security”), the legal relationship under a credit guarantee agreement, which is the basis for the establishment of the Plaintiff’s claim for reimbursement against Defendant A, was already created prior to the establishment of the instant right to collateral security. On November 24, 2017, Defendant A, when a credit guarantee accident occurred and there was a probable probability that Defendant A would have established the instant claim in the near future due to the occurrence of a credit guarantee accident, further deepened the excess of debt by setting up the instant right to collateral security against Defendant B, one of the creditors, on December 8, 2017. Ultimately, on April 6, 2018, the Plaintiff’s claim for reimbursement against Defendant A becomes a preserved claim for the right to revoke the fraudulent act, and the instant act of creation of collateral security against the Plaintiff constitutes a fraudulent act against the Plaintiff.
(b) The fact of deemed confessions based on recognition, the fact of fact inquiry about Sejong Special Self-Governing City Mayor, and the result of entrustment of appraisal to C of this court;
C. Accordingly, the contract to establish a mortgage regarding the instant real estate concluded between the Defendants should be revoked as a fraudulent act, and Defendant B shall restore the original state to the original state, thereby regarding the instant real estate.