사해행위취소
1. The sales contract concluded on February 7, 2018 between the defendant and D with respect to the real estate stated in the separate sheet shall be revoked.
2...
1. Basic facts
A. On November 18, 2016, the Plaintiff entered into a loan agreement with E Co., Ltd. (hereinafter referred to as “Nonindicted Company”) on a yearly interest rate of KRW 2.82%, and the principal with a one-year interest rate of KRW 100 million, with a two-year interest rate of KRW 100 million, and loans KRW 100,000.
D as the representative director of the non-party company, D has jointly and severally guaranteed the debt of loans to the plaintiff of the non-party company (hereinafter referred to as the "debt of this case") to the extent of KRW 120 million.
From February 2018, Non-Party Company began to delay the repayment of the instant loan obligation, and on July 13, 2018, upon receiving notification of termination of an agreement from the Plaintiff, lost the benefit of time due to the instant loan obligation.
As of February 7, 2019, the sum of the principal and interest of the instant loan obligations is KRW 99,100,977.
B. On February 7, 2018, D entered into a sales contract with the Defendant for real estate (hereinafter “instant real estate”) listed in the separate sheet (hereinafter “instant sales contract”) (hereinafter “instant real estate”). On February 8, 2018, D entered into the registration of ownership transfer with the Defendant under Busan District Court Busan District Court No. 6397, Feb. 8, 2018.
C. At the time of the conclusion of the instant sales contract, D had no particular property other than the instant real estate. In addition to the guaranteed liability on the Plaintiff’s loan obligations, the Plaintiff also has a considerable amount of debt worth KRW 305,190,000 against the Korea Credit Guarantee Fund, including the guaranteed liability equivalent to KRW 38,350,000 against the Gyeongnam Credit Guarantee Property, and the guaranteed liability equivalent to KRW 38
[Ground of recognition] Unstrifed facts, Gap evidence 1 to Gap evidence 9, fact inquiry results about the Court Administration Office, response to the submission order of financial transaction information to F institutions, the purport of the whole pleadings
2. Determination:
A. According to the above facts, the Plaintiff’s claim for the instant loan against D was already established at the time of the conclusion of the instant sales contract.