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Reasons
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(영문) 대구지방법원 2020.09.10 2017가합209673
사해행위취소
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1. As to real estate listed in Appendix 1:

A. It was concluded on August 18, 2017 between D and Defendant A.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement and the Plaintiff’s subrogation contract with D on May 18, 2009 and May 17, 2010. D received each of the credit guarantee agreements issued under each of the credit guarantee agreements of this case from E as collateral. The Plaintiff paid 30,000 won by subrogation as of May 18, 2009, E Co., Ltd., Ltd., 34,650,000 won on May 18, 2009, as of May 130, 2009, KRW 130,050,000 as of May 130, 205,000, KRW 206,50 as of May 18, 2009, KRW 50,000, KRW 500 as of May 18, 2009, KRW 50,500 as of May 206, 207, 2057.

On the other hand, the rate of damages for delay for subrogation implemented by the Plaintiff pursuant to the credit guarantee agreement in this case is 10% per annum.

B. 1) D, on August 18, 2017, concluded the instant sales contract, etc. and the transfer of ownership, etc., D, with Defendant A Co., Ltd., for each real estate listed in attached Tables 1, 2, and 3, owned by it, KRW 400 million (hereinafter “instant sales contract”).

A) On August 28, 2017, Defendant A entered into a gift agreement with Defendant B (hereinafter “instant gift agreement”) with respect to each real estate listed in [Attachment 4 and 6] owned on November 10, 2016, and completed the registration of ownership transfer with Defendant B on November 11, 2016, as the Seogu District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office (16851) received on November 11, 2016.

3. On December 31, 2016, Defendant B entered into a mortgage agreement with Defendant C on the amount of KRW 180,000,00 with respect to the 4,6 real estate indicated in the attached list, which was donated on December 31, 2016, with Defendant C as to the amount of KRW 180,000,00,000, and on February 24, 2017, the Daegu District Court Seogu Branch Branch Branch Office was issued with Defendant C as the receipt registration office.

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