사해행위취소 등
1. Of the judgment of the court of first instance, the part against the plaintiff by the defendant C shall be revoked, and the part against the revocation shall be the plaintiff.
1. Facts of recognition;
A. On September 19, 2016, E drafted each letter of payment with the purport to pay to the Plaintiff KRW 55 million by October 10, 2016, and each letter of payment with the purport to pay KRW 50 million by October 20, 2016, to the Plaintiff by October 31, 2016.
B. The registration of each of the real estate listed in the separate sheet owned by E (hereinafter “each of the instant factory buildings”) was completed as follows:
① On September 5, 2016, registration of ownership preservation has been completed in the future.
② On September 5, 2016, the registration of cancellation was completed on October 19, 2016, when the provisional registration of the right to claim ownership transfer was completed in Defendant C’s future due to the trade reservation made on the same day.
(Registration No. 23031). ③ On October 19, 2016, the establishment registration of a neighboring mortgage (the maximum amount of claims: 90,000,000 won; e., debtor: Defendant D: Defendant D; hereinafter referred to as “instant collateral security”) was first completed (registration No. 23032), and the provisional registration of the right to claim for transfer of ownership was completed on October 19, 2016.
(Registration No. 2303). (4) On August 25, 2017, the transfer registration of ownership was completed in Defendant C on the basis of the provisional registration of ownership transfer claim as of October 19, 2016 due to the trade on the same day.
C. Since then, with respect to each of the instant factories, the registration of ownership transfer was completed in the first stock company on September 12, 2017 due to the purchase and sale as of September 7, 2017, and the first stock company completed the registration of ownership transfer (the maximum amount of bonds: 1,680,000,000 won and debtor: I) to the J Union on September 15, 2017.
After completing the registration of ownership transfer on each of the instant factories, I Co., Ltd. completed the registration of ownership transfer, Defendant D fully repaid the secured obligation of the instant collateral, and the instant collateral security was on September 15, 2017.