사해행위취소
1. All appeals by the Defendants are dismissed.
2. The Intervenor joining the Defendant shall bear the costs of the intervention in the appeal.
1. Facts of recognition;
A. Defendant C filed a loan claim lawsuit against the Intervenor as Seoul Northern District Court Decision 2004Gahap1589, the Plaintiff’s claim against the Intervenor. On July 29, 2004, the above court sentenced Defendant C to the judgment that “the Intervenor shall pay to the Defendant C the amount calculated at the rate of 20% per annum from May 4, 2004 to the date of full payment” and the above judgment became final and conclusive on October 4, 2005.
On December 7, 2005, Defendant C transferred 1/2 of the above judgment amount claim against the Intervenor to the Plaintiff on December 7, 2005, and notified the Intervenor of the above transfer.
(hereinafter the Plaintiff acquired 1/2 of the above judgment amount claim (hereinafter referred to as “this case’s claim”). B.
On November 20, 2001, the Intervenor filed a lawsuit against the Plaintiff, including a loan, etc., as Seoul District Court 2001Gahap71175, and on March 30, 2005, the appellate court (Seoul High Court 2004Na5053) rendered a judgment on March 30, 2005 that “if the Plaintiff cancels the enforcement of the part of the Intervenor’s right to claim ownership transfer registration against the Plaintiff as to the share of this case among the decision of provisional seizure by the Defendants, the Plaintiff would perform the ownership transfer registration procedure due to transfer on January 1, 1996.” The above judgment became final and conclusive on April 29, 2005.
On May 12, 2014, the Intervenor entered into a mortgage agreement with Defendant B regarding the instant share amounting to KRW 150,000,000 with the maximum debt amount, each of the mortgage agreement with Defendant C, which consists of KRW 100,000,000 (hereinafter collectively referred to as “each of the instant mortgages”), and on November 17, 2014, the Intervenor completed the registration of transfer of ownership in the name of the Intervenor in accordance with the said final judgment, and completed the registration of creation of each of the collateral mortgages as stated in the purport of the claim against the Defendants on the same day.
At the time of entering into each of the instant mortgage contracts, the Intervenor was in excess of the obligation.
C. The previous lawsuit between the intervenor and the plaintiff.