사해행위취소
Of the instant lawsuits, a sales contract was concluded on June 1, 2018 between the Plaintiff and the Defendant regarding the real estate stated in the separate sheet.
1. Facts of recognition;
A. On April 27, 2016, the Intervenor to the Plaintiff’s Intervenor (hereinafter “ Intervenor”) lent KRW 50 million to E, and “E shall pay in installments each million from May 25, 2016 to June 2020, in an annual amount of KRW 10 million. In the event of delay in the repayment of principal, the Intervenor shall pay the delayed principal and interest at a rate of 15% per annum for the delayed principal and interest and the delayed principal, and if E delays the payment of the installment at least once, the Intervenor shall naturally lose the benefit for the obligation and immediately repay the remainder of the obligation, even if there is no other notification or peremptory notice from the Intervenor.”
B. On April 27, 2016, the Plaintiff jointly and severally guaranteed the Plaintiff’s debt by setting the guarantee period as the end of December 25, 2020, and as of December 25, 2020. The Plaintiff completed the registration of the establishment of the right of priority with the maximum amount of the claim as to the Plaintiff’s claim No. 1 parcel of G building H outside the F of the North west-gun Seoul Special Metropolitan City owned by the Plaintiff, with the maximum amount of the claim KRW 60 million.
(c)
E and the Intervenor who did not perform the above obligation, filed each request for auction on June 5, 2017 with respect to the above G G building H on June 2, 2017, and on the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”). However, upon the Plaintiff’s request, each of the above requests for auction was withdrawn on March 27, 2018 and November 13, 2017.
(d)
The Korea Housing Finance Corporation voluntarily filed a request for auction against the said G G building H, owned by the Plaintiff (former District Court K), and the intervenor received dividends of KRW 6,392,52 on March 20, 2019 in the said auction procedure, and separately, KRW 21 million from June 29, 2016 to March 8, 2018 from the Plaintiff (i.e., June 29, 2016: KRW 500,000,000 on July 1, 2016; KRW 500,000 on July 51, 2016; KRW 500,000 on July 26, 2016; KRW 500,000 on August 18, 2016; and (ii) received reimbursement of KRW 21 million on September 18, 2016 from the Plaintiff.
E. Meanwhile, on June 1, 2018, the Plaintiff’s instant real estate owned by the Plaintiff.