사해행위취소
1. As to each real estate listed in the separate sheet:
A. The contract to establish a mortgage concluded on February 26, 2015 between C and Defendant A.
1. Facts of recognition;
A. On July 16, 2014, the Plaintiff entered into a credit guarantee agreement with D Co., Ltd. (hereinafter “Nonindicted Company”) on the coverage amount of KRW 2.52 billion, and July 15, 2017, with a guarantee term of KRW 2.5 billion, and C jointly and severally guaranteed the Nonparty Company’s liability for indemnity against the Plaintiff.
The non-party company obtained a loan of KRW 2.8 billion from the new bank as security.
B. On September 17, 2015, Nonparty Company did not pay the interest on the said loan to the new bank, and on October 1, 2015, the principal of the said loan was overdue.
On December 9, 2015, the Plaintiff subrogated for KRW 763,45,402 to a new bank under the credit guarantee agreement.
C. From October 8, 2015, the non-party company was in de facto closed down its business by E, the securities controlled by the new bank, and the factory operation was discontinued.
On February 26, 2015, C, the representative director of the non-party company, concluded a mortgage agreement of KRW 200 million with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) with Defendant A, a large amount of each of the instant real estate (hereinafter “each of the instant real estate”), and completed the registration of creation of a neighboring mortgage on March 2, 2015.
C On July 1, 2015, between Defendant B, who is a type of sale, entered into a mortgage agreement with the maximum debt amount of KRW 96 million with respect to each of the instant real estate (hereinafter “instant mortgage”). On October 8, 2015, Defendant B concluded a mortgage agreement with the maximum debt amount of KRW 96 million.
E. The net income for the year 2014 was -134,232,837 won, and net income for the year 2015 -140,298,504 won.
F. C at the time of entering into each of the instant mortgage contracts, was liable to the new bank amounting to KRW 2,452,80,000,000 for the surety and the credit card amounting to KRW 19,245,00 for the new card, and each of the instant real estate was its sole property.
[Ground of recognition] The defendant A: The absence of dispute, Gap.