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1. The limit of KRW 86,00,000,000, which was concluded on September 17, 2013 between the Defendant and B on the real estate stated in the separate sheet.
Reasons
1. Indication of claim;
A. On December 4, 2012, the Plaintiff concluded a credit transaction agreement with Korea Shipping Co., Ltd. and agreed to lend general funds within the limit of KRW 4,00,000,000. On the same day, B entered into a joint and several guarantee agreement between the Plaintiff and Korea Shipping Co., Ltd. within the limit of KRW 5,200,000.
B. On August 24, 2015, Korea Shipping Co., Ltd. did not pay the principal of the loan amounting to KRW 4,653,028,384 under the said credit transaction agreement (i.e., the principal of the loan amounting to KRW 3,602,710,115 and overdue interest amounting to KRW 1,050,318,269).
C. B entered into a sales contract with the Defendant on September 17, 2013, and sold the real estate indicated in the Attachment No. 300,000,000, which is its sole property, to the Defendant. The registration of ownership transfer was completed on September 17, 2013 by the Daegu District Court Branch Branch Decision No. 82250, Sept. 17, 2013.
Attached Form
On September 17, 2010, the Daegu District Court (Seoul District Court Branch Decision 74873, Sept. 17, 2010; 216,00,000,000 won with maximum debt amount; and C/mortgage Co., Ltd.; and the establishment registration of a new mortgage was completed on the building, but the registration was revoked on September 23, 201 at the Daegu District Court Port Branch Branch of 84901, supra.
E. Since the sale of the real estate indicated in the Attachment B to the Defendant and the completion of the registration of ownership transfer is presumed to constitute a fraudulent act detrimental to the common creditor's joint security and the defendant's bad faith is presumed to be a beneficiary, the above sales contract shall be revoked within the limit of 86,00,000 won, and the defendant, the beneficiary, is obligated to pay to the Plaintiff the amount calculated at the rate of 5% per annum from the day following the day this decision became final and conclusive to the day of complete payment.
2. Article 208 (3) 2 of the Civil Procedure Act (in a case where the applicable provisions of Acts are deemed to exist);