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Reasons
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(영문) 인천지방법원 2016.12.16 2016나51385
사해행위취소
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1. The part against the defendant in the judgment of the first instance shall be revoked;

2. Lectures entered into between the Defendant and the Co-Defendant C in the first instance trial.

Reasons

1. Basic facts

A. On December 5, 2008, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the co-defendant B and C (hereinafter “B”) of the first instance trial under the joint and several guarantee agreement between the Plaintiff and the co-defendant A (hereinafter “A”) of the first instance trial (hereinafter “A”), between the guarantee amount of KRW 95,00,000,000, and the guarantee period from December 5, 2008 to December 4, 2009 (hereinafter “the instant credit guarantee agreement”). Thereafter, the instant credit guarantee agreement was modified to the guarantee period of KRW 85,50,000,000 as of December 3, 201, until December 3, 2010; ② the guarantee period of KRW 31,00,000 as of December 3, 201; and ④ the guarantee period of KRW 131,201,31,201,201.

B. On December 10, 2008, A received a credit guarantee agreement under the above credit guarantee agreement from one bank as collateral. From July 2013, A delayed payment of the principal and interest of the loan to one bank. Ultimately, due to delinquency in interest of A, a credit guarantee accident on August 4, 2013 (hereinafter “the instant credit guarantee accident”).

C. On November 29, 2013, the Plaintiff subrogated to Han Bank for KRW 82,404,002 (i.e., principal amount of KRW 80,750,000) pursuant to the instant credit guarantee agreement (i.e., KRW 1,654,00).

C On May 31, 2013, instead of paying a loan amounting to KRW 85,00,000,000 to his Defendant, sold to the Defendant the share of KRW 1/2 of Gangwon-gun E (hereinafter “instant real estate”). On May 31, 201, Chuncheon District Court, Sungsung District Court, as to the said share of KRW 1/2,00, the registration of transfer of ownership in the Defendant’s name (hereinafter “registration of transfer of ownership in the instant case”) was completed on June 3, 2013 as the receipt of KRW 4753 on June 3, 2013.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 7, 10 evidence (including each number; hereinafter the same shall apply), Eul 1 and 2 evidence, and the purport of all the arguments and arguments

2. The plaintiff.

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