사해행위취소 등
1.(a)
The sales contract that was concluded on November 19, 2018 between the Defendant and C with respect to the real estate listed in the separate sheet is 24,904.
1. Facts of recognition;
A. On August 17, 2018, the Plaintiff extended a discounted bill loan of KRW 150 million at the interest rate of KRW 8% per annum to D Co., Ltd. (hereinafter “D”), and C guaranteed the said company and the Plaintiff’s transaction of discounted bills within the limit of KRW 180 million.
B. D, as a bill discounted by the Plaintiff was settled in default on November 12, 2018, D lost the benefit of time.
As of November 30, 2018, D’s principal and interest on the Plaintiff is KRW 149,576,712.
C. On November 19, 2018, C sold real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Defendant to the Defendant for KRW 65 million (hereinafter “instant sales contract”) and completed the registration of ownership transfer as prescribed in Article 23113 of the Permanent Support for the Daegu District Court on the following day.
On the other hand, regarding the instant real estate, the right to collateral security was established on the basis of the debtor C, E, the maximum debt amount, 52 million won (hereinafter “instant right to collateral security”), and on November 20, 2018, the registration of ownership transfer in the name of the defendant with respect to the instant real estate was cancelled.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 7, Eul evidence 1, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition of the right to revoke the fraudulent act, the Plaintiff had a joint and several obligation against C with respect to the loans of the discounted bill prior to the instant sales contract, which constitutes a preserved claim for the obligee’s right to revoke.
2) In light of the purport of the entire arguments in the statements in Evidence Nos. 9, 10, 11, 500 won, 26 million won at the E Association's opening of the G Association's Do branch, 358,00 won, 20 million won at the H Card, 20 million won at the I Bank, 45 million won at the I Bank's credit guarantee, 6,274,00 won at the J company, 6,76,712, and 149,57, and 712 on the part of the Plaintiff at the time of the instant sales contract. On the other hand, C bears each of the above guaranteed obligations against the Plaintiff.