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Reasons
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(영문) 대전지방법원공주지원 2014.06.26 2013가단20075
사해행위취소
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1. A donation contract concluded on November 8, 2012 between Defendant A and Nonparty B regarding the real estate listed in paragraph (1) of the attached Table No. 1 shall be concluded.

Reasons

1. Basic facts

A. (1) On May 31, 2010, the Plaintiff entered into a credit guarantee agreement with C with respect to the credit guarantee principal of KRW 500,000,000, and the credit guarantee period from May 31, 2010 to May 31, 201.

B, the defendant's spouse, was jointly and severally guaranteed for C's obligations based on the above credit guarantee agreement.

(2) On May 31, 2010, the Plaintiff issued a guarantee number D, guaranteed amount of KRW 500,000,000, and a guarantee of guarantee on May 31, 2011 to the Bank of Korea (hereinafter “Korea Bank”), Inc. (hereinafter “Korea Bank”).

(3) On May 31, 2010, Co., Ltd. (hereinafter “C”) took out a loan of KRW 500,000 from our bank, but failed to repay the principal and interest of the loan at any time, and on December 31, 2012, notified the Plaintiff of a credit guarantee accident, “the loss of interest within the period of December 28, 2012”.

(4) On March 5, 2013, the Plaintiff subrogated for KRW 507,671,232 to the Bank.

B. On November 8, 2012, B’s disposal disposition B entered into a contract with the Defendant to donate the instant apartment (hereinafter “instant donation contract”). The Defendant completed the registration of ownership transfer as the receipt of No. 30981, Nov. 12, 2012, with respect to the instant apartment as to the instant apartment.

C. B’s active property B’s property status of KRW 220,00,000 at the time of the instant donation agreement, and not more than the real property indicated in the attached Table No. 2 of KRW 116,96,80 at the market price, as well as the instant apartment house at the time of the instant donation agreement.

(2) At the time of the donation contract of this case, there were KRW 129,160,000 of loans to Nonghyup Bank, and KRW 169,50,000 of loans to public credit cooperatives at the time of the donation contract of this case. D. The agreement between the Defendant and B is mixed (the Defendant 1 and B) (the marriage report of December 4, 199 is filed on December 4, 199.

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