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1. Part of the Plaintiff’s claim for revocation of fraudulent act and restitution to its original state within the scope of KRW 24,225,541 among the Plaintiff’s lawsuit against Defendant C;
Reasons
1. Basic facts
A. ① Defendant B received 10,000,000 won from FF on April 6, 2007, and 10,000,000 won on April 28, 2008, respectively, from Defendant B, and the Plaintiff jointly and severally guaranteed each of the above loan obligations against Defendant BF agricultural cooperatives.
The repayment period for each of the above loans was initially extended on April 6, 2010 and April 28, 2011. However, the Plaintiff filed an application for the payment of KRW 6,000 on April 6, 2011 and April 28, 2012, and April 6, 2013, and April 6, 2013 and April 28, 2014; and KRW 6,005,000 on April 6, 201 and April 28, 2015 to the Plaintiff for the payment of the principal and interest on the loans and KRW 5,005,00 on April 28, 2015; KRW 6,058,00 on April 30, 2015; KRW 5,005,000 on April 28, 2015; and KRW 5,005,0585,07,57,57,2015.
Upon receipt of a payment order, the said payment order was finalized on June 30, 2015. ② Defendant B borrowed KRW 15,950,000 from G community on December 19, 201, and the Plaintiff guaranteed Defendant B’s village community obligations with respect to the said borrowed amount. The payment period for the said borrowed amount was the original date of December 23, 2012, but was extended twice as “ January 2, 2014.”
B. On March 12, 2014, Defendant B entered into a contract with Defendant C on donation with respect to 9/10 shares of the real estate listed in the separate sheet No. 1 (hereinafter “the aforementioned one real estate”). On March 14, 2014, the transfer registration of ownership in the name of Defendant C with respect to 9/10 shares of the above one real estate has been completed. ② on March 12, 2014, Defendant D and 1/10 shares of the above one real estate (hereinafter “the above two donations”). On March 14, 2014, the transfer registration of ownership was completed in the name of Defendant D with respect to 1/10 shares of the above one real estate.
C. At the time of conclusion of each gift agreement above, the right to collateral security as follows with respect to the above one real estate is as follows.