사해행위취소
1.(a)
On June 10, 2016, the contract to establish a mortgage was concluded between the defendant and B on the real estate stated in the attached list.
1. Facts of recognition;
A. Conclusion of a credit guarantee agreement and joint and several sureties C Co., Ltd. (hereinafter “Nonindicted Company”)
(2) On December 15, 2008, the Plaintiff obtained a loan of KRW 95 million from the Industrial Bank of Korea, and the Plaintiff concluded a credit guarantee agreement with KRW 95 million with respect to the said loan. (2) Nonparty Company received a loan of KRW 26.6 million from a national bank on December 25, 2016, and the Plaintiff concluded a credit guarantee agreement with KRW 26.6 million with respect to the said loan.
3) Pursuant to the aforementioned credit guarantee agreement, B jointly and severally guaranteed the obligation of the non-party company to be borne by the Plaintiff. (b) The Plaintiff’s subrogation on behalf of the Plaintiff lost the benefit of time due to the Plaintiff’s failure to repay the principal and interest of the Bank and the National Bank, and on August 9, 2016, the Plaintiff paid the Bank the principal and interest of the loan amounting to KRW 68,467,231, and on March 13, 2017, the principal and interest of the loan amounting to KRW 26,497,213, respectively, to the National Bank. (c) B on June 10, 2016, concluded a mortgage agreement with the mortgagee and the maximum debt amounting to KRW 144,400,000 (hereinafter “instant apartment”).
2) On the other hand, at the time of entering into the instant mortgage contract, the Korea Standards Bank, Inc., Ltd. (hereinafter referred to as the “Inward Bank”) regarding the instant apartment at the time of entering into the instant mortgage contract.
(D) The senior priority was established over the maximum debt amount of KRW 322,80,000. D. The auction and distribution1 of the instant apartment was initiated with Seoul Central District Court D regarding the instant apartment upon the application for voluntary auction by the non-party bank. In the above auction procedure, the instant apartment was 420,001.