사해행위취소
1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts do not conflict between the parties, or can be acknowledged by taking into account Gap evidence Nos. 1 to 5, Gap evidence Nos. 7 and 8, each fact inquiry reply results to the Minister of Court Administration and the Ministry of Land, Infrastructure and Transport, and the purport of the entire arguments as a result of the submission order to the Superintendent of the Regional Headquarters of Suhyup Bank and the Minister of Land, Infrastructure and Transport.
Plaintiff B’s loan 1) around December 10, 209, the Plaintiff purchased to B from Korea Asset Trust Co., Ltd. on December 10, 2009, Yeonsu-gu Incheon and Dtel No. 904 (hereinafter “Etel 904”).
A) A loan of KRW 158,164,00 as a part payment loan was extended on December 31, 201. At that time, B approved the basic terms and conditions for loan transaction. However, B did not repay the principal and interest of the loan, even though it did not lose the benefit due to the lapse of December 31, 201, as of August 13, 2015 (i.e., the principal and interest of the loan amount of KRW 237,687,558 (i.e., the principal and interest of the loan amount of KRW 158,164,000 from January 4, 2012 to February 28, 2015).
B. B, around August 13, 2015, concluded a mortgage agreement with the Defendant regarding the real estate recorded in the separate sheet (hereinafter “instant real estate”) and completed the registration of the Incheon District Court as the maximum debt amount of KRW 250,000,000, the debtor F, and the mortgagee’s establishment of a mortgage with the Defendant as the Defendant on September 22, 2015, with the registration of the Incheon District Court No. 111655, Sept. 2, 2015.
C. At the time of entering into the instant mortgage agreement, B owned active property equivalent to KRW 638,391,00,000, while at the time of entering into the instant mortgage agreement on the property of B, there was a negative property equivalent to KRW 268,776,00.
1) Active property: 617,910,000 won (1) through (1) below;