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(영문) 서울중앙지방법원 2021.02.17 2020가단5101389

사해행위취소

Text

1. A contract establishing a right to collateral security concluded on September 25, 2019 between the Defendant and B regarding the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. On April 28, 2016, the Plaintiff entered into an agreement with C (hereinafter “C”) under which the Plaintiff, on May 4, 2012, to guarantee the obligation of the self-loan doctrine (the guaranteed amount was KRW 204,00,000, and the guaranteed period was changed to April 27, 2017, but the last guarantee was changed to April 24, 2020) (hereinafter “the first credit guarantee agreement”) with C, and (2) on June 15, 2016, the Plaintiff concluded a credit guarantee agreement with C to guarantee the obligation of D banks (the guaranteed amount was KRW 560,00,000,000, and the guaranteed amount was changed to KRW 180,000,00,000).

On the other hand, at the time of concluding each credit guarantee agreement of this case, B, the representative of C, was jointly and severally guaranteed the obligation under each credit guarantee agreement of this case against the plaintiff of this case.

B. After October 25, 2019, there was an accident of credit guarantee in which C’s interest in the time limit for each obligation is lost due to each of the loan principles against D banks. Accordingly, the Plaintiff subrogated to D banks with KRW 167,815,602 under the credit guarantee agreement on March 27, 2020, and KRW 516,256,087 under the credit guarantee agreement on March 27, 2020, respectively.

(c)

On the other hand, on June 8, 2010, B completed the registration of transfer of ownership on the real estate listed in the separate sheet (hereinafter “the instant apartment”) on May 20, 2010, as to the instant apartment, and B completed the registration of creation of the right to collateral security at KRW 180,000,000 for the maximum amount of the claim in the name of E Co., Ltd. (hereinafter “E bank”) on June 8, 2010, B completed the registration of creation of the right to collateral security at KRW 250,00,000 in the future of F Co., Ltd. (hereinafter “F”), the registration of creation of the right to collateral security at KRW 250,00,000 in the maximum amount of the claim, ③ the registration of creation of the right to collateral security at KRW 150,000,000 in the name of G on August 17, 2016; ④ the registration of creation of the right to collateral security at KRW 150,000,0.