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Reasons
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(영문) 서울서부지방법원 2017.10.25 2017가합186
사해행위취소
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1. The sales contract concluded on April 26, 2016 between the Defendant and A is KRW 219,69,215.

Reasons

1. Facts of recognition;

A. The Plaintiff loaned KRW 1,370,00,000 in total to B Co., Ltd. (hereinafter “B”) as indicated in the following table 1, as follows, and A, China, jointly and severally guaranteed each of the above loan obligations within the limit of KRW 460,010,000 in total, as indicated in the “Limit on Continuous Guarantee” in Table 1 attached hereto.

(hereinafter referred to as "joint and several sureties 1"). [Attachment 1] The amount of 100,000,000,000 won for loans for 13 September 13, 2012 due to the expiration date of 100,000,000 C general working capital for 220,000,000,000 on September 13, 2016, November 30, 2012; 300,000,760,000 D general working capital for 30,000,000,000,000,000,000,000,000,000 for loans for 10,000,000,000,000,000 for general working capital for 10,000,0000,000,000 general working capital for 10,010,008.

B. On April 26, 2016, A sold real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Defendant for KRW 460,00,000 (hereinafter “the instant sale”) and completed the registration of ownership transfer on April 29, 2016.

On the other hand, A had no other property than the instant real estate, and was in excess of obligations as shown below 2.

[Attachment 2] The value of positive property is the value of the claim of the creditor (won) who is not the amount of the claim, and the real property of this case is 460,000,000 Republic of Korea 646,215,320, Plaintiff 240,000,000 real estate collateral security (the director of the Yongsan Tax Office) and the mortgage related to the registration of establishment of a mortgage of this case.

Plaintiff 372,455,202 The sum of joint and several liability obligations of this case 460,000,000 joint and several liability obligations of this case 1,258,670,522

C. The first real estate was completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) with the maximum debt amount of KRW 288,000,000, and the neighboring mortgage registered with the Plaintiff as the mortgagee. However, on April 29, 2016, A was fully 240,303,785 won for the secured debt of the said right to collateral security against the Plaintiff.

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