구상금 및 사해행위 취소의 소
1. As to KRW 30,146,764 and KRW 29,208,127 among the Plaintiff, Defendant A’s year from June 16, 2015 to January 31, 2016.
1. Based on a credit guarantee agreement with the Plaintiff and the debtor on July 17, 2013, the amount of security deposit of 45,00,000,000 won on the guarantee date, and 30,714,645 won on June 16, 2015 and the total amount of incidental debts (A-4), which the Plaintiff subrogated to the D Bank on July 16, 2018, the debtor’s disposal act of the debtor, etc. transferred the ownership of the attached property to the defendant B on October 24, 2016, and the defendant B created the right to collateral security with the maximum debt amount of 10,00 million won on the attached property on January 7, 2019.
3. Formation of fraudulent act
A. At the time of the beneficiary’s disposal of Defendant B’s disposal, the attached real estate was the only active property of the debtor, while the property was a small-sized property with a debt of KRW 145,206,764 by aggregating the preserved claim against the Plaintiff and all financial institutions’ debts.
(A-14, and all other replies). An obligor is bound to fully recognize that the sole debtor disposed of real estate and caused insolvency, and that this would prejudice general creditors, and the beneficiary’s bad faith is presumed (proviso of Article 406(1) of the Civil Act). Therefore, the above disposal act against Defendant B constitutes a fraudulent act.
In addition to the fact that the debtor and the defendant are married with the father and wife, the presumption is insufficient.
B. In full view of the following circumstances: (a) the Defendant’s act of establishing a right to collateral security against the subsequent purchaser against the Defendant C is also a mother and child; and (b) the establishment of a right to collateral security against the Defendant C was made on April 30, 2019 when the individual rehabilitation procedure against the Defendant A was abolished on January 7, 2019, the presumption of presumption is insufficient as well.
4. Restoration Defendant B, after its acquisition, cancelled the registration of establishment of the right to collateral security established on July 9, 2010 and was impossible to return the original property by establishing the right to collateral security with E Union on August 24, 2018.
Therefore, the value of the attached real estate is 277,50,000 won and cancelled bank.