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1. The sales contract concluded on June 20, 2017 between the Defendant and B is revoked.
2...
Reasons
Basic Facts
A. On February 18, 201, the Plaintiff entered into a credit guarantee agreement between B and B with respect to the principal and interest of loan to a new bank, a stock company, with the content that the Plaintiff provides credit guarantee, and the Plaintiff entered into a credit guarantee agreement with respect to the amount of loan to be borne by B to the target stock company on February 2017.
The above credit guarantee contract provides that when the plaintiff makes a payment by subrogation, B shall pay interest in arrears at the rate of 10% per annum from the date of subrogation to the date of full payment.
B. In accordance with each credit guarantee agreement, the Plaintiff paid KRW 15,241,614 on August 30, 2017 to the new bank, a stock company, and KRW 7,975,529 on February 14, 2017, and KRW 48,668,730 on April 13, 2018, respectively.
C. On June 20, 2017, the Defendant entered into a real estate sales contract (hereinafter “instant sales contract”) with B to purchase real estate listed in the separate sheet (hereinafter “instant apartment”) from B, and on the same day, completed the instant registration of ownership transfer (hereinafter “instant registration of ownership transfer”) with respect to the instant apartment on the grounds of the instant sales contract in the future of the Defendant.
B from the time of the instant sales contract to the date of the present contract.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including branch numbers; hereinafter the same shall apply), and the result of the response to the order to submit financial transaction information by the Korea Credit Information Institute, the purport of the whole pleadings is that the plaintiff is a creditor who has a claim for indemnity against Eul, and the conclusion of the sales contract in this case with excess of debt No. B constitutes fraudulent act, and thus, the sales contract in this case is revoked, and the defendant is obligated to cancel the registration of ownership transfer in this case.
Judgment
According to the first facts as to the cause of the claim, the plaintiff is entitled to make a report.