사해행위취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 25, 2010, the Plaintiff entered into a credit guarantee agreement with D Co., Ltd. (hereinafter “D”) to guarantee a debt of KRW 1,00,000,000 to D’s corporate banks within the limit of KRW 850,000.
B and C, the Defendant’s parent, jointly and severally guaranteed the obligation of indemnity against the Plaintiff according to the above credit guarantee agreement.
B. D’s failure to repay the above loans, the Plaintiff filed a claim for reimbursement against D, B, and C (Seoul Western District Court Decision 2012Gadan223659) on January 25, 2013 by filing a claim for reimbursement against D, B, and C (Seoul Western District Court Decision 201Da223659). The judgment was finalized around that time, that “D, B, and C jointly and severally with the Plaintiff for KRW 858,859,89,035 as to the Plaintiff and KRW 858,859,035 from July 31, 2012 to December 21, 2012; and that “the Plaintiff shall pay the amount calculated at a rate of 20% per annum from the next day to December 21, 2012; and that time the judgment became final and conclusive.”
C. On September 29, 2014, the Defendant purchased the Geumcheon-gu Incheon Metropolitan Government E Apartment F (hereinafter “E apartment”) from KRW 437,00,000, and completed the registration of ownership transfer on January 5, 2015.
B and C have made a move-in report on E apartment on August 16, 2016 and reside therein. D.
On August 10, 2016, the Defendant concluded a lease contract with the deposit money of KRW 1,380,000 for H apartment I located in Seocho-gu Seoul Metropolitan Government and one parcel of land (hereinafter “Jdong apartment”), and paid the deposit money for lease on a deposit basis, and completed the registration of lease on a deposit basis on January 19, 2017.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, fact-finding with respect to the head of the Geumcheon-gu Busan Metropolitan City, the purport of the whole pleadings
2. The Plaintiff’s assertion B or C donated KRW 437,00,000 to the Defendant on January 5, 2015, and the Defendant paid the purchase price of the E apartment with the said money.
In addition, B or C donated KRW 1,380,00,000 to the Defendant on January 19, 2017, and the Defendant paid the deposit money for Jdong apartment with the money.
Each of the above gifts.