사해행위취소
1. Of the judgment of the court of first instance, the part against the Defendants is revoked, and the Plaintiff’s claim corresponding to the revoked part is all revoked.
1. Basic facts
A. (1) The Plaintiff entered into a credit guarantee agreement (hereinafter “instant guarantee agreement”) with G Co., Ltd. (hereinafter “G”), with the content indicated below (hereinafter “instant guarantee agreement”), and G was loaned KRW 300 million from the national bank.
On September 13, 2012, G loans (won) by financial institutions loaning the original credit guarantee term term term (hereinafter referred to as “original credit guarantee term”) G, the national bank 300,000,000 (80%) and C were jointly and severally guaranteed by G on September 13, 2012 in accordance with the instant guarantee agreement. < Amended by Presidential Decree No. 23190, Sep. 11, 2015; Presidential Decree No. 23788, Sep. 11, 2013; Presidential Decree No. 23788, Sep. 13, 2012>
B. On January 13, 2015, the occurrence of a guarantee accident and the Plaintiff’s subrogation G lost the benefit of time due to delayed payment of interest on the said loan obligation, but the said failure to pay the amount was caused by a guarantee accident as prescribed by the instant guarantee agreement.
On May 20, 2015, the Plaintiff subrogated to the National Bank for the remaining principal and interest amounting to KRW 221,713,762 (=interest of KRW 216,00,000) pursuant to the instant guarantee agreement.
C. On December 17, 2014, C and E’s instant disposal act (1) C and E entered into a sales contract with the Defendants on the condition that each of the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant real estate”) as indicated in the attached Table No. 1 (hereinafter “instant sales contract”) shall be KRW 405,00,000 and be sold to the Defendants (hereinafter “instant sales contract”). On January 14, 2015, the Defendants completed the registration of ownership transfer as to each of the instant real estate No. 1/2 shares among the instant real estate No. 1.
(2) On January 16, 2015, C entered into a mortgage contract with Defendant A regarding the real estate listed in paragraph (2) of the attached Table No. 2 owned by Defendant A (hereinafter “instant immovable property”) with the obligor C, the mortgagee A, the maximum debt amount of KRW 26,00,000 (hereinafter “instant mortgage contract”), and on the same day.