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1. A sales contract concluded between the Defendant and B on October 7, 2013 with respect to each real estate listed in the separate sheet is 23,535.
Reasons
1. Basic facts
A. On October 24, 2012, the Plaintiff entered into a credit guarantee agreement with the principal debtor B and the principal of credit guarantee amount of KRW 20 million (including the scope of guarantee with respect to subordinate obligations other than the principal of credit guarantee), and issued a credit guarantee agreement with the period of credit guarantee as of October 20, 2017, with respect to the repayment obligation of the loan, with the loan granted by the non-party Nonghyup Bank Co., Ltd. (hereinafter “Agricultural Bank”).
B. On November 21, 2013, a credit guarantee accident occurred due to overdue payment of principal. On March 19, 2014, the Plaintiff subrogated for KRW 20,020,606 of the balance of the principal and interest of loan in arrears to the Nonghyup Bank.
As of June 9, 2014, B’s liability for reimbursement to the Plaintiff as of June 9, 2014 is 19,709,876 won in subrogation, damages of 537,91 won in total, and damages for delay.
C. On October 7, 2013, B entered into a sales contract with the Defendant for each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) (hereinafter “instant sales contract”), and completed the registration of ownership transfer under the Defendant’s name by the Daegu District Court’s receipt of Doldong Registry No. 30877 of the same month.
[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-6, Gap evidence No. 7-1-3, the purport of the whole pleadings
2. Determination
A. Although it is necessary to require that, in principle, a claim protected by the obligee’s right of revocation has arisen prior to the commission of an act that can be viewed as a fraudulent act. However, at the time of the fraudulent act, there has already been legal relations that form the basis for the establishment of the claim, and there is high probability as to the fact that the claim has already been established in the near future, and in the near future, where a claim has been created due to its realization in the near future, the claim may also become a preserved claim of the obligee’s
(see, e.g., Supreme Court Decision 2007Da21245, Jul. 15, 2010). The following facts are based on the foregoing.