배당이의 등
1. The contract to establish a right to collateral security concluded on January 5, 2018 between D and Defendant A with respect to each real estate listed in the attached list.
1. As to Defendant A’s main safety defense
A. The Defendant A asserts that the instant lawsuit is unlawful since the Plaintiff’s provisional attachment on November 8, 2017 with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was filed on January 31, 2018 after the lapse of one year from the Plaintiff, even though the subrogation was made on January 31, 2018, in order to recover the obligor’s insolvency with the knowledge of the obligor D’s insolvency, the instant lawsuit was filed after the lapse of the exclusion period.
B. In the exercise of the right of revocation, the “date when the obligee becomes aware of the cause for revocation” means the date when the obligee became aware of the requirements for the right of revocation, namely, the date when the obligee became aware of the fact that the obligor committed a fraudulent act while knowing that the obligee would prejudice the obligee. In order to deem that the obligee was aware of the cause for revocation, it is insufficient to say that the obligee merely knew of the fact that the obligor conducted a disposal of the property, and that the obligor was aware of the existence of a specific fraudulent act, and that the obligor was aware of the objective fact of the fraudulent act, and it cannot be presumed that the obligee was aware of the objective fact of the fraudulent act.
(See Supreme Court Decision 2004Da61280 Decided July 4, 2006 (see, e.g., Supreme Court Decision 2004Da61280, Jul. 4, 2006). According to Gap evidence Nos. 3, 4, and 5 (including a serial number in the case of documentary evidence with a serial number; hereinafter the same shall apply), the plaintiff filed an application for provisional seizure against D on November 1, 2017 (U.S. District Court Sungnam Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Co. G Co., Ltd. and D guaranteed the Plaintiff’s obligation under the Credit Guarantee Agreement, which occurred on October 18, 2017.