사해행위취소
1. The part of the judgment of the court of first instance concerning the defendants, upon a claim for change in exchange with the litigation acceptance in the court of first instance.
1. Scope of the judgment of this court;
A. In the first instance court, the Plaintiff Credit Guarantee Fund (hereinafter referred to as the “Plaintiff Fund”) asserted that the agreement to establish a mortgage on each real estate listed in the separate sheet No. 1 between the Defendants and Codefendant C (hereinafter referred to as “C”) and the Defendants as well as the agreement to establish a mortgage on each real estate listed in the separate sheet No. 2 and 3 between the Defendants and Codefendant D (hereinafter referred to as “D”) of the first instance court as a fraudulent act, and that the agreement to establish a mortgage on each real estate listed in the separate sheet No. 2 and 3 as to each of the real estate listed in the separate sheet No. 1 and 2 as to each of the real estate listed in the separate sheet No. 1 and 2 as to each of the following restitution: (i) the cancellation of the agreement to establish a mortgage; (ii) the transfer of the claim to pay dividends to the Defendants to the Republic of Korea and the declaration of intention to transfer it as to each of the real estate listed in the separate sheet No. 3 as to the real estate stated in the separate sheet No. 1 and the separate sheet No. 3.
B. The court of first instance shall, on the ground that each contract to establish a right to collateral security regarding each real estate listed in the separate sheet Nos. 1 through 3 between the Defendants and C or D constitutes fraudulent act, revoke the contract and restore the original state accordingly. ① A claim to transfer a claim to pay dividends in the auction procedure regarding each real estate listed in the separate sheet Nos. 1 and 2 and to seek the intention to transfer the claim to transfer the right to claim dividends in the auction procedure for each real estate listed in the separate sheet No. 1 and 2 shall be admitted in its entirety. ② A claim to seek revision of the distribution schedule prepared on September 30, 2014 in the auction procedure for the right to claim dividends in the annexed sheet No. 3 to the Gwangju Navy District Court for the real estate located in the separate sheet No. 3 shall be deleted from dividends to the Defendants, but KRW 1,479,840 won to the Plaintiff Fund shall be deleted, and KRW 5,248,