beta
(영문) 창원지방법원 2020.09.18 2020가단105381

사해행위취소

Text

1. As to real estate listed in the separate sheet:

A. On March 21, 2019, between Nonparty B and the Defendant.

Reasons

1. Basic facts

A. The Plaintiff was requested to guarantee by Nonparty B, and agreed to guarantee the repayment of the principal and interest of loan to receive a loan from C Bank as listed below, and B submitted a guarantee letter below issued by the Plaintiff and received operating funds from C Bank.

D C

B. B caused a guarantee accident on October 30, 2019, and the Plaintiff subrogated for KRW 183,189,501 on December 11, 2019, including the loan principal of KRW 182,00,000, interest of KRW 3,189,510.

C. Meanwhile, on March 21, 2019, B entered into a mortgage agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the registration of the establishment of the neighboring real estate as the receipt of the Changwon District Court Kim Sea Registry (24583, April 3, 2019).

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 5 (including satisfy number), purport of whole pleadings

2. According to the facts of the assertion and judgment above, although the Plaintiff’s claim for indemnity against B arose after the establishment of the right to collateral security was established, legal relations which form the basis of the establishment of the right to collateral security have occurred, and the Plaintiff’s claim for indemnity was established as a result of occurrence of a credit guarantee accident after the occurrence of such accident. Thus, the Plaintiff

According to the result of the fact-finding on Plaintiff 180,00 E Bank 166,791,108, the F card of 5,011,925, the Bank of Korea of 91,379,552, G Card 39,668,867, 8671, G Card 153,318,446, Jin Capital of 40,845,770, and 590,439 and 590,470, and 590,539, which are the creditor's non-creditor, were written in evidence No. 5, the Kim Sea Market of this court, and the fact-finding on the Minister of the Supreme Court Administration, as active property at the time of entering into the instant contract with the Defendant, B is equivalent to KRW 210,00,000.