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1. The part of the judgment of the court of first instance against the Defendants is as follows upon a claim for a change in exchange at the trial.
Reasons
1. Facts of recognition;
A. On October 24, 2012, the Korea Credit Guarantee Fund entered into a credit guarantee agreement with A Co., Ltd. (hereinafter “A”) with respect to KRW 100,000,000,000,000 in the credit guarantee principal and the credit guarantee period from October 24, 2012 to October 23, 2013 to guarantee the above loan obligations, and B jointly and severally guaranteed the Plaintiff’s obligation to the Plaintiff.
B. B around April 15, 2013, each of the real estate listed in the separate sheet (hereinafter “instant Real Estate No. 1”; the real estate listed in the separate sheet No. 2 in the separate sheet No. 2, “instant Real Estate”; and the real estate No. 1 and 2 in the instant case, together with the real estate listed in the separate sheet No. 2, owned each of the instant real estate (hereinafter “each of the instant real estate”).
C. On April 16, 2013, the Daegu District Court rendered a Sung-gu District Court Branch for the instant real estate No. 1, the registration for the transfer of ownership in the name of the Defendant C, which was based on the sale on April 15, 2013, was filed on April 15, 2013, and the registration for the transfer of ownership in the name of the Defendant D, which was based on the sale on April 16, 2013, as the receipt of No. 5547, April 15, 2013, was filed for each of the following:
(hereinafter referred to as “each of the instant sales contracts”) D.
After that, as a credit guarantee accident occurred that A loses the benefit of time on July 16, 2013, the Korea Credit Guarantee Fund paid 81,602,739 won to the Bank on January 28, 2014.
E. B, on October 30, 2013, filed a bankruptcy and application for immunity with the Daegu District Court No. 2013Hau4937, 2013 and 4937, and was declared bankrupt on November 3, 2014, and was currently in progress, and the Plaintiff was appointed as the bankruptcy trustee B.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 11 (including branch numbers for those with additional numbers; hereinafter the same shall apply), significant facts in this court, the purport of the whole pleadings
2. Determination
(a) The establishment of the avoidance power;