사해행위취소
1. As to shares 2/13 of the real estate listed in the Schedule,
A. On March 26, 2015, between B and the Defendant.
1. Facts of recognition;
A. On January 18, 1996, the Plaintiff (the Korea Guarantee Insurance Co., Ltd. prior to the alteration) entered into a small loan guarantee agreement with C on the purchase amount of KRW 11,00,000,000, and the insurance period from January 18, 1996 to March 18, 2001. C borrowed KRW 10,00,000 from the Korea Life Insurance Co., Ltd. under the Plaintiff’s guarantee, and B jointly and severally guaranteed obligations under the said guarantee insurance agreement with C.
B. C did not pay the principal and interest of interest of a school life insurance company, and on March 20, 200, the Plaintiff subrogated 11,000,000 won to the school life insurance company on behalf of the Plaintiff.
C. As of February 13, 2017, the remainder of the Plaintiff’s claim for reimbursement against C is KRW 37,091,190 in total (i.e., principal amount8,121,336 KRW 28,969,854).
On the other hand, D died on March 26, 2015, and the inheritor and three other parties, both E and B, who are the spouse, were the heirs. However, on March 26, 2015, the aforementioned inheritors entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with respect to the real estate listed in the separate sheet owned by D (hereinafter “instant real estate”) on March 26, 2015, including B/13 shares in statutory inheritance (hereinafter “instant agreement on the division of inherited property”).
E. Accordingly, on April 10, 2015, the Defendant completed the registration of transfer of ownership as stated in Paragraph 1-B of the Disposition No. 1, which was based on the inheritance due to the above division.
F. B did not have any property other than the instant real property at the time of the agreement on division of the inherited property.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 8 (including virtual numbers), and the purport of the whole pleadings
2. Determination
A. According to the above facts, the Plaintiff has a joint and several liability claim against B at the time of the agreement on the division of the inherited property in this case, and thus, the above claim is subject to creditor’s right of revocation. 2) The Defendant against B.