사해행위취소
1. The judgment of the court of first instance is modified as follows.
B and the defendant are less than the real estate listed in the separate sheet.
1. Facts of recognition;
A. The Plaintiff is a company that manufactures and sells the dynasium, sanitary instrument, etc., and the Nonparty B is a person who entered into an agency contract with the Plaintiff under the trade name of “C”.
B. B did not pay KRW 1,651,132,832 for the goods supplied by the Plaintiff. Accordingly, on June 3, 2014, the decision of compulsory adjustment became final and conclusive on October 23, 2014, stating that “B shall pay KRW 1,600,000,000 to the Plaintiff by November 30, 2014.”
C. On December 29, 2010, the Plaintiff completed the registration of creation of a mortgage over the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”) in order to secure the above claim for the purchase price of the goods against B. As seen above, the unpaid amount of goods reaches KRW 1.6 billion, the Plaintiff received a decision to voluntarily commence the auction on August 25, 2014, based on the aforementioned collateral security right, from Suwon District Court D with regard to the instant real estate.
However, as to the instant real estate on July 30, 2014, B completed the registration of creation of a mortgage over the debtor B and the mortgagee as the defendant (hereinafter “the instant mortgage”). < Amended by Act No. 12514, Jul. 30, 2014; Act No. 12545, Jul. 30, 2014>
E. In the above auction procedure, KRW 356,968,465, which is to be actually distributed after the sale of the instant real estate, was to be distributed to the Plaintiff in the order of 1st priority to the new bank, 80,983,564, and KRW 200,000,000,000 to the Defendant, who is the mortgagee, the mortgagee, in the order of 2nd priority to the Plaintiff, who is the applicant creditor (the mortgagee).
F. At the time of the instant mortgage contract, B was in excess of the obligation.
G. On April 18, 2017, when the lawsuit of this case was pending, the Defendant had the deposited person as the Plaintiff on April 18, 2017, and thus, the refusal of receipt by the Plaintiff is certain. Accordingly, the Defendant was the Suwon District Court in 2017.