사해행위취소
1.(a)
Defendant B, C, and D on September 30, 2015, regarding the real estate stated in attached Table 3 “Real Estate List.”
1. Basic facts
A. On November 15, 2013, the Plaintiff loaned KRW 650,000,000 to E Co., Ltd. (hereinafter “instant company”) for a loan to E Co., Ltd. (hereinafter “instant company”) on a one-time basis, with the interest payment of KRW 650,00,00,000. On the same day, the director D, the representative of the instant company, extended a limited guarantee to the extent of KRW 780,00,00 for the instant loan obligations against the Plaintiff.
B. From September 15, 2015, the instant company, which lost the benefit of time due to the instant company, did not pay interest on the said loan obligations, and accordingly, lost the benefit of time due to the said loan obligations on October 15, 2015.
As of March 24, 2016, the principal and interest of the instant company’s loan obligations are KRW 584,752,351 (principal interest of KRW 545,00,000 and delay damages KRW 39,752,351).
C. The instant company and the Defendants of D and F are the sales contract 1) F is the Dong-gu Seoul Special Metropolitan City G Dae-gu 661m2 (hereinafter “G land”).
As to the instant real estate (hereinafter “instant real estate 1”), the instant company’s real estate indicated in attached Form 1, which is a land-based building.
D) As to the real estate stated in the [Attachment 2] List of Real Estate (hereinafter “instant 2 Real Estate”) which is the above land-based building
() On September 23, 2015, the sales contract was concluded with Defendant A, respectively, and the registration of ownership transfer was completed on September 24, 2015 (hereinafter the instant sales contract for real estate Nos. 1 and 2).
(2) On September 30, 2015, D entered into a sales contract with Defendant B and C with respect to the real estate indicated in the attached Table 3 “Real Estate List” (hereinafter “Real Estate 3”) and completed the registration of ownership transfer with respect to each of the real estate 1/2 shares out of Defendant B and C on the same day.
(b) above.