사해행위취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. The Plaintiff’s claim 1 against B) The Plaintiff is the C Co., Ltd. (hereinafter “C”) on March 17, 2014.
between C and a financial institution, a credit guarantee agreement with the content that guarantees C’s performance of a loan obligation to a financial institution (hereinafter referred to as “instant credit guarantee agreement”).
(2) On February 24, 2015, B entered into a credit guarantee agreement, and C’s representative jointly and severally guaranteed liability for reimbursement to the Plaintiff pursuant to the credit guarantee agreement of this case. C received KRW 200 million from one bank on March 18, 2014 through the credit guarantee of this case. As a result, the credit guarantee accident stipulated in the credit guarantee agreement of this case occurred.
3) Accordingly, the Plaintiff paid the sum of KRW 171,526,273 to Han Bank on June 12, 2015 pursuant to the instant credit guarantee agreement. B’s disposal act on March 11, 2015, sold the instant real estate at KRW 280,000,000, which is the only property of the Defendant, to the Defendant (hereinafter “instant sales contract”).
(2) On March 12, 2015, Busan District Court’s Northern District Court’s registration of ownership transfer (hereinafter “instant registration of ownership transfer”) No. 16477, Mar. 12, 2015
(1) [Grounds for recognition] unsatisfy, Gap evidence 1 to 5 (including the number number; hereinafter the same shall apply)
each entry, the Minister of Court Administration, the results of fact inquiry, and the purport of the entire pleadings against the North Korean head of Busan Metropolitan City.
2. Determination
A. According to the facts of the recognition of the existence of the secured claim, the Plaintiff has a claim for reimbursement of KRW 171,526,273 against B as the said subrogated payment. Since the instant credit guarantee agreement was concluded prior to the conclusion of the instant sales contract, there was a legal relationship that serves as the basis for the establishment of the Plaintiff’s claim for reimbursement.
In addition, C is a natural body, etc. immediately before the conclusion of the instant sales contract.