beta
Text
1. The sales contract concluded on July 20, 201 between the Defendant and B on each real estate listed in the separate sheet shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff entered into a credit guarantee agreement between B and B as listed in the following table:
(hereinafter “instant credit guarantee agreement”). From November 12, 2010 to November 12, 2012, 2010, KRW 76.5 million, which is a joint and several surety for the guarantee principal of the guaranteed principal on the date of Nos. 110 to December 30, 2012, KRW 3.8 million, KRW 3.8 million, to December 30, 2010, KRW 3.8 million.
B. B Pursuant to the instant credit guarantee agreement, each of the loans was granted from a permanent livestock industry cooperative as of November 12, 2010 (No. 1) and KRW 28 million on December 30, 2010 (No. 2).
C. B subsequently lost the benefit of each of the above loans, and on November 13, 2012, the Plaintiff subrogated each of the above loans amounting to KRW 78,807,574 (No. 1) and KRW 20,408,956 (No. 2) to a permanent livestock industry cooperative.
The Plaintiff’s claim for indemnity against B is 112,616,504 won [10,80,807,574 won, etc. (2,517,972 won, etc., 20,396,362 won, etc., 20,396,362 won, etc., 20,396,362 won)] in total, the principal of which is 9,203,936 won (78,807,574 won, 20,396,362 won, etc.) and damages for delay calculated at the rate of 12% per annum from November 15, 2013 to the date of full payment.
E. B, along with the co-owners on July 20, 201, sold real estate indicated in the separate sheet No. 1, 2, to the Defendant on the same day, and sold real estate No. 3, 4 to the Defendant on the same day (hereinafter collectively referred to as “instant real estate” and “instant sales contract”), and the Defendant completed each registration of ownership transfer in accordance with the instant sales contract.
(hereinafter referred to as “registration of this case”). [Ground of recognition] The fact that there is no dispute, entry in Gap’s evidence 1 through 11 (including paper numbers), the purport of the whole pleadings.
2. Determination
A. (i) A claim protected by obligee’s right of revocation should, in principle, have occurred prior to the occurrence of an act that can be viewed as a fraudulent act.