사해행위취소 등
1. The contract to establish a right to collateral security concluded on April 11, 2019 between the Defendant and C regarding each real estate listed in the separate sheet.
1. Facts of recognition;
A. On January 29, 2016, the Plaintiff entered into a contract with C to lease (hereinafter “instant lease agreement”) with C, setting the lease deposit amount of KRW 190 million and the lease term of KRW 2 years (hereinafter “instant apartment”).
On January 29, 2016, the Plaintiff paid the lease deposit amount of KRW 19 million to C, and KRW 171 million on February 26, 2016, respectively.
B. On April 11, 2018, the Plaintiff filed a lawsuit seeking the return of the lease deposit against C (C, Changwon District Court 2018Kadan2492) upon the expiration of the instant lease agreement, but C did not refund the lease deposit.
On September 6, 2018, “C shall pay to the Plaintiff the amount of KRW 190 million and 15% interest per annum from July 3, 2018 to the date of full payment.” The above judgment became final and conclusive as it is.
(hereinafter referred to as "related judgment"). (c)
While the plaintiff filed an application for a compulsory auction for the apartment of this case according to the related judgment and the procedure was in progress, C proposed that the plaintiff sell the above apartment and repay part of the amount to the plaintiff.
C sold the instant apartment at KRW 120 million to the Plaintiff on April 12, 2019, and repaid KRW 120 million to the Plaintiff on April 12, 2019, and the Plaintiff voluntarily withdrawn the application for compulsory auction for the instant apartment on the same day.
C The Defendant, 1) the real estate listed in the [Attachment List 1] (hereinafter “the land in the instant port”).
(2) On April 12, 2019, the Daegu District Court Decision 25691, No. 25691, Apr. 11, 2019, with respect to the registration of the establishment of a neighboring mortgage (the maximum amount of claims KRW 40 million, the debtor C, and the defendant), and the real estate listed in attached Table No. 2 (2) as to the real estate listed in attached Table No. 2 (hereinafter “Yancheoncheon Forest”) (hereinafter “instant forest”) as to the registration office of the Youngcheon District Court, Daegu District Court No. 8747, Apr. 12, 2019.