사해행위취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the Defendants.
1. Facts of recognition;
A. The Plaintiff lent to Nonparty D KRW 10 million on August 29, 2013, and KRW 20 million on October 31, 2013.
Don March 25, 2014, the Plaintiff paid 60 million won to the Plaintiff and did not pay the remainder of the money.
B. Although the Plaintiff urged D to repay his/her debt, D, which was in excess of his/her obligation, concluded a mortgage agreement with Defendant B on September 17, 2014, with the maximum debt amount of KRW 75 million, and completed the registration of establishment of a neighboring mortgage completed as No. 8135 on September 18, 2014 by the Gisung District Court No. 8135 on September 18, 2014.
In addition, the Defendant C entered into a mortgage contract with the maximum debt amount of 67,500,000 won on September 19, 2014, and the establishment registration of a mortgage was completed on September 22, 2014, which was completed as the receipt of No. 8185 on September 22, 2014.
C. On October 7, 2014, the Plaintiff filed a lawsuit against Nonparty D seeking a loan with the Gwangju District Court, and received a favorable judgment (D shall pay to the Plaintiff KRW 60 million and the amount equivalent to 5% per annum from December 5, 2013 to October 15, 2014, and 20% per annum from the next day to the date of complete payment) on December 16, 201 of the same year, and the said judgment became final and conclusive around that time.
On April 21, 2015, Nonparty E applied for a compulsory auction (F) with respect to the instant real estate on the enforcement title of the loan judgment on D. In the auction procedure on October 28, 2015, Nonparty G successfuled the instant real estate and completed the registration of ownership transfer on November 3, 2015. Nonparty H successfuled three real estate on March 14, 2016 and completed the registration of ownership transfer on March 16, 2016.
The registration of the establishment of each of the Defendants’ respective mortgages on the instant real estate was cancelled on the date of the above transfer of ownership.
E. On April 8, 2016, this Court drafted a distribution schedule that excluded the Defendants from the distribution right holder on the date of distribution, and the said distribution schedule became final and conclusive.
[Reasons for Recognition] There is no dispute, A 1.