사해행위취소
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
1. Purport of the claim.
1. The reasoning of the judgment of this court cited the judgment of the court of first instance is that “C and D husband and wife” in Section 5 of Section 2 of the judgment of the court of first instance is “C and D (the two couple were married and they were divorced in Section 1998)”, and “2. Determination on this safety defense” is the same as the reasoning of the judgment of the court of first instance except for the following dismissal. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Attachment]
2. Determination on this safety defense
A. In full view of the following circumstances, around June 14, 201, the filing date of the application for provisional attachment for the instant real estate, the Plaintiff ought to be deemed to have known the fact that (a) around June 14, 201, the Plaintiff and C made a promise to sell and purchase the instant real estate on April 25, 201, and (b) made a registration of the right to claim transfer of ownership, which is the grounds for registration of the said promise on the same day; (c) thereby making it impossible to fully satisfy the Plaintiff’s claim against C due to the lack of joint collateral for the Plaintiff’s claim against C more than one story, and thus, the instant lawsuit
① The Plaintiff’s provisional attachment of the instant real estate upon the instant real estate owned D and C for the purpose of securing the instant loan claims, as indicated in the “1. Basic Facts,” is because the Plaintiff was aware of the lack of collateral value only with respect to the real estate on which the said collateral security was established.
Accordingly, at the time of the application for provisional attachment, the Plaintiff stated that the claim amount was KRW 387,00,000 for each loan.
② At the time of the application for provisional seizure, the Plaintiff was aware that the said sale reservation and provisional registration under the name of the Defendant was made through a certified copy of the register.
③ The Defendant, who was living together with the instant real estate, an apartment that C himself was living together with, and C, the real estate on which the collateral security was created and other property than the instant real estate.