사해행위취소
1. The sales contract concluded on December 4, 2017 between the Defendant and C with respect to each real estate listed in the separate sheet is 23,212.
1. Facts of recognition;
A. C took out a loan of KRW 20,000,000 from a D bank, and entered into a credit guarantee contract with the Plaintiff and the principal of the credit guarantee amount of KRW 20,000 (hereinafter “instant guarantee contract”) and received a written credit guarantee from the Plaintiff.
B. C was unable to repay the above loan, and the Plaintiff subrogated to the D Bank for the guaranteed liability of KRW 20,336,800 on September 11, 2018 under the instant guarantee agreement.
During the pending lawsuit of this case, C paid KRW 3,273,420 until June 26, 2020 upon application for credit recovery support, and paid KRW 3,273,420 to the Plaintiff’s expenses and subrogated amount. The Plaintiff incurred a claim for reimbursement of KRW 18,790,623 in total and KRW 193,613 in total and KRW 193,613 in accordance with the contract of this case.
C. On December 4, 2017, C entered into a sales contract with the Defendant for each real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant sales contract”) and completed the registration of ownership transfer for the Defendant on December 8, 2017.
At the time of the conclusion of the instant sales contract, the instant real estate, with the debtor C, was completed the registration of creation of a mortgage over the said maximum debt amount of KRW 26,00,00,000, and ② KRW 26,000,000, and ③ the maximum debt amount of the mortgagee F, ④ KRW 25,000,000, and ⑤ KRW 8,000,000,000, respectively, of the maximum debt amount of the mortgagee B, on December 8, 2017, the registration of creation of a mortgage over the instant real estate was completed. However, the instant real estate was revoked due to each termination of the right on November 21, 208, on which the Defendant completed the registration of ownership transfer.
E. At the time of the conclusion of the instant sales contract, C was in excess of its obligation.
[Reasons for Recognition] The facts without dispute, Gap's 1 through 25, Eul's 1, 2, 9 through 12, the order to furnish tax information and replys, and all pleadings.