사해행위취소
1. A sales contract concluded on February 26, 2018 between the Defendant and D with respect to the land listed in attached Table 1, and the same list.
1. Facts of recognition;
A. On May 28, 2017, the Plaintiff’s claims against D, D, and E drafted a written agreement with the following contents (hereinafter “instant agreement”), and the Defendant, who is the head of the office of a certified judicial scrivener F office, signed and sealed the written agreement as the agent of the certified judicial scrivenerF.
The creditor and the debtor agree with respect to the establishment registration of the relocation of the real estate No. 14053, Jun. 19, 2014, which was received on June 19, 2014, as the indication of real estate in Gyeonggi-gun G forest G, 1415 square meters.
1. A creditor shall deliver documents for cancellation of registration of creation of a neighboring mortgage to the debtor;
2. The debtor shall pay A (the assignee) a million won (including the principal and interest) per day until August 19, 2017. If the debtor fails to pay the amount by the above deadline, 25% interest per annum from the following day shall be paid.
In addition, A provides A with a bill certificate for a million won which is one hundred million won.
I accept the acceptance of bonds.
D
3. When the registration of creation of a neighboring mortgage is cancelled, the debtor promptly makes the registration of creation of a mortgage over the amount of million won which is the mortgagee A and the maximum debt amount.
If the highest priority mortgage is not established, the civil and criminal liability is jointly responsible for the debtor and the certified judicial scrivener in charge of cancelling the registration of the establishment of the above neighboring mortgage.
Creditors E: The obligor: D’s transferee: Pursuant to the instant agreement with the Head of A Judicial Consultant F C, D, on May 29, 2017, issued to the Plaintiff a promissory note as of August 19, 2017, with the issuer D, the payee, the Plaintiff, the face value of KRW 112,00,000,000, and the due date. On the same day, D’s notary public prepared and issued a notarized deed with respect to the said Promissory Notes as of No. 718, 2017, as the certificate of H&A Office.
D On June 8, 2017, the Plaintiff completed the registration of the establishment of a mortgage over KRW 112 million with respect to the obligor D, the mortgagee, the Plaintiff, and the maximum debt amount of KRW 12 million with respect to the G forest land in Gyeonggi-gu, Gyeonggi-do (hereinafter “G land”).
(b) D.