사해행위취소 등
1.(a)
A donation contract concluded on January 17, 2019 between the defendant and the non-party D with respect to the real estate stated in the attached Form No. 45,00.
Facts of recognition
On December 26, 2011, the Plaintiff prepared a notarial deed of a loan for consumption with Nonparty E on a loan of KRW 50 million, due date, December 31, 2013. The Defendant signed and sealed the notarial deed as the agent of Nonparty D, a joint guarantor of this loan for consumption contract, as the agent of Nonparty D.
(B) No. 1; hereinafter “First No. notarial deed”). On December 13, 2013, the Plaintiff prepared a notarial deed on a monetary loan agreement between E and E as of December 31, 2015, and D signed and sealed the said notarial deed as a joint guarantor of this loan agreement.
(A) Nos. 1, 2, 2, 2, hereinafter “the second notarial deed”). D, a joint guarantor of the second notarial deed, such as the disposal of D’s real property, completed the registration of ownership transfer for the Defendant, who is his spouse, on January 17, 2019, with respect to the real estate indicated in the separate notarial deed (hereinafter “instant real estate”).
On January 25, 2019, the Defendant completed the registration of creation of a mortgage with the maximum debt amount of KRW 180,600,000 to F Co., Ltd. (hereinafter referred to as “Nonindicted Bank”) regarding the instant real estate.
On July 31, 2019, the Defendant remitted total of KRW 50 million to the Plaintiff as the repayment of the borrowed money.
(B) 【Evidence Nos. 3. 3. A. 1 through 5 (including the number of pages; hereinafter the same shall apply), as stated in the evidence Nos. 1 through 6, as a whole, and the summary of the allegations by the parties against whom the right to revoke the fraudulent act exists as a whole, the plaintiff Nos. 1 and 2 were written as to the separate borrowed money, respectively. On July 31, 2019, the defendant repaid KRW 50 million to the defendant and the first notarial deed was extinguished.
Therefore, since the second notarial deed still exists a debt, it can be considered as a preserved claim from the right to revoke the fraudulent act.
Defendant 2.