사해행위취소
1. The Court shall dismiss all the main and ancillary claims that have been changed alternatively in this Court;
2...
1. Basic facts
A. From August 201 to February 2014, the Plaintiff lent approximately KRW 150 million in total to G (hereinafter “instant loan”) with the Defendant’s words and the former wife of G, who is the Defendant, from August 201 to February 2014.
B. C divorced from G on May 21, 2014, on April 14, 2014, prior to divorce, concluded a mortgage agreement with the Defendant on the attached list (hereinafter “instant real estate”) with a maximum debt amount of KRW 180 million with respect to the instant real estate (hereinafter “instant contract”) and completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of establishment of the instant real estate”) with the Seoul Southern District Court No. 22090 on the same day.
C. The instant establishment registration was cancelled as the real estate was sold in the auction procedure (Seoul Southern District Court L; hereinafter referred to as “instant auction procedure”) conducted by K, a senior mortgagee, on the instant real estate, and a distribution schedule was prepared on October 27, 2017, to distribute KRW 14,527,794 to the Defendant, a senior mortgagee, in the instant real estate.
On September 8, 2017, the Plaintiff, as Seoul Southern District Court 2017Kadan202919, issued a provisional disposition prohibiting the Defendant from disposing of the bonds listed in the separate sheet (hereinafter “instant dividend bonds”) to be distributed to the Defendant in the instant auction procedure by designating the Defendant as the obligor and the Republic of Korea as the third obligor.
[Ground of recognition] A without dispute, entry of Gap evidence 6, purport of whole pleadings
2. Determination on the legitimacy of the instant lawsuit
A. The gist of the Plaintiff’s assertion (1) The Plaintiff asserts that, as a preserved claim against C, there exists a return claim of unjust enrichment or a restoration claim upon termination of title trust as follows.
G paid the money acquired by the Plaintiff to C, and C knew or knew that the said money was acquired by fraud.