사해행위취소
1. The sales contract concluded on July 1, 2012 between the defendant and the non-party B was 46,50.50.
1. The following facts do not conflict between the parties, or are acknowledged based on Gap evidence 1, Gap evidence 2, Gap evidence 3, Gap evidence 4, Gap evidence 7, Gap evidence 8, Gap evidence 10, Gap evidence 11, Gap evidence 12, the whole purport of the arguments as a whole, and there is no counter-proof.
On September 17, 2010, the Plaintiff entered into a performance guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with Nonparty C as the payment guarantee for the amount of credit goods, from September 21, 2010 to September 20, 2012, wherein the insured amount was KRW 60,000,000, and the insurance period was from September 21, 2010 to September 20, 2012.
B. Nonparty B and D jointly guaranteed the debt of Nonparty C under the instant guaranteed insurance policy.
C. On September 20, 2012, Nonparty Company claimed KRW 60,000,000 as insurance money to the Plaintiff according to the instant guaranteed insurance, and on October 23, 2012, the Plaintiff paid KRW 60,000,000 to Nonparty Company to Nonparty Company, and thereafter, paid KRW 6,439,977 to Nonparty C.
On July 30, 2012, the Defendant received the registration of ownership transfer from Nonparty B, on July 1, 2012, on the real estate listed in the separate sheet (hereinafter “instant real estate”), the only real estate in Nonparty B, as the only real estate in Nonparty B, for sale.
E. On October 5, 2011, the establishment registration of a mortgage on the instant real estate was completed near the amount of KRW 60,000,000, with the amount of the maximum debt amount of KRW 50,000,000, the mortgagee was changed to the Defendant on August 8, 2012. On June 26, 2014, the said establishment registration was revoked. On July 1, 2012, the amount of the secured debt of the establishment registration of a mortgage on the instant real estate was KRW 50,000.
F. The market price of the instant apartment around July 2012 is KRW 92,500,000 for the market price around July 2012, and the market price around April 2016 is KRW 96,50 for the market price.