사해행위취소
1. As to real estate listed in the separate sheet:
A. It was concluded on October 25, 2017 between the Defendant and B.
1. Basic facts
A. As between June 23, 2015 and June 9, 2016, the Plaintiff lent KRW 300,000,000 to the Dispute Resolution Co., Ltd. over three times, and the representative director of the Dispute Resolution Co., Ltd., guarantees the repayment of the borrowed debt to the Plaintiff, and as of May 24, 2018, the Plaintiff bears the obligation of KRW 265,31,153 to the Plaintiff as of May 24, 2018.
B. B, on October 25, 2017, on the real estate listed in the separate sheet (hereinafter “instant real estate”) on its own ownership on October 25, 2017, the Gwangju District Court established a collateral security right of KRW 50,000,000 in the future of the maximum debt amount as the receipt of the registration office of the Gwangju District Court (hereinafter “instant real estate”).
(hereinafter referred to as the “mortgage of this case”). 【No dispute exists, Gap evidence Nos. 1 through 3, Gap evidence No. 2-1 through 3, Gap evidence No. 3, and the purport of the whole pleadings and arguments.
2. According to the above facts of recognition, it is reasonable to view that B made a fraudulent act of reducing the common obligees' joint security by establishing and granting the right to collateral security of this case to the defendant, one of the creditors under excess of obligations, and that B was aware that such an act would prejudice other creditors, including the plaintiff, and that the defendant's bad faith as the beneficiary is presumed.
Therefore, the contract to establish a mortgage of this case must be cancelled as a fraudulent act, and the defendant is obligated to cancel the registration of establishment of the mortgage of this case with its restoration to its original state.
On September 26, 2013, the defendant prepared a notarial deed under a monetary loan agreement with B and lent KRW 100,000 to him, but failed to receive it after September 26, 2014, the due date for payment. On September 19, 2017, the defendant filed an application for the commencement of compulsory auction on the instant real estate under the notarial deed with the Gwangju District Court D, and upon withdrawal of the above compulsory auction from B, requested to set up a senior collateral security on the instant real estate first.