사해행위취소 청구의 소
1. As to real estate listed in the separate sheet:
A. On March 16, 2015, between B and the Defendant.
1. Basic facts
A. The Plaintiff is a company that produces and sells paints, etc., and C Co., Ltd. (hereinafter “C”) is a company that conducts painting construction business, etc., and B is a joint representative director of C.
B. From around January 2007, the Plaintiff supplied paint, etc. to C, and B, on January 27, 2015, jointly and severally guaranteed all obligations, including the existing and future goods payment obligations owed to C by C to the Plaintiff.
C. Meanwhile, on March 16, 2015, B concluded a mortgage agreement with the Defendant on the real estate indicated in the separate sheet (hereinafter “instant real estate”) as the only property list, which is the only property between the Defendant, as the wife, and completed the registration of the establishment of a mortgage on the instant real estate under the Seoul Central District Court’s registry No. 68488, Mar. 19, 2015; and completed the registration of the establishment of a mortgage on the real estate under the Defendant’s name (hereinafter “instant real estate”).
(hereinafter “The instant mortgage contract” and “the instant establishment registration of a mortgage”). D.
As of the date of concluding the instant mortgage contract, the Plaintiff’s claim for the price of goods against C is KRW 1,211,52,980, and the sum of the Plaintiff’s claim amount against C, including the price of goods as of the date of closing argument of the instant case, is KRW 1,594,03,240.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10, fact inquiry of E/Dong by this court, purport of whole pleadings
2. Determination
A. On January 27, 2015, the existence of the preserved claim B is jointly and severally guaranteed all the obligations against the Plaintiff, including the goods payment obligations, etc., and thus, the Plaintiff’s claim for the goods payment against C and B, etc. is a preserved claim entitled to exercise the right to revoke the fraudulent act regarding the instant mortgage contract.
B. The act of providing real estate, which is the only property of the debtor, having already been missing in excess of the debt, to any one of the creditors, as collateral for the creditor becomes a fraudulent act subject to the creditor's right of revocation in relation to other creditors, unless there are other special circumstances.