사해행위취소
1. Of the instant lawsuit, the part concerning the claim to establish a mortgage and to cancel the superficies contract dated October 21, 2016.
1. Facts of recognition;
A. On April 15, 2013, the Plaintiff (former Mutual Savings Bank: New Resident Mutual Savings Bank) determined that KRW 100,000,000 and KRW 80,000,000 each interest rate of KRW 12% (hereinafter “instant loan”) were leased to E, and on the same day, C guaranteed the above loan obligations against the Plaintiff.
(B) As of December 20, 2016, the principal and interest of the instant loan was KRW 289,07,702 (i.e., principal and interest of KRW 168,465,741 and interest of KRW 120,61,961).
B. As to each of the real estate listed in the separate sheet (hereinafter referred to as “land Nos. 1, 2, and 3” in sequential order), C (i) purchased and sold to Defendant A on October 10, 2016, the receipt of No. 57135, Oct. 10, 2016, (hereinafter referred to as “instant purchase and sale”).
(2) On October 21, 2016, Defendant A completed the registration of creation of a superficies (hereinafter “registration of creation of superficies”). Defendant A completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) on the ground of a mortgage contract (hereinafter “registration of creation of a mortgage”) with the Daegu District Court Decision 59518, Oct. 21, 2016, which was received on October 21, 2016, the registration of creation of a superficies (hereinafter “registration of creation of a superficies”) with the Daegu District Court Decision 59519, Oct. 21, 2016, the Daegu District Court Decision 59519, which was received on October 21, 2016, respectively.
C. On the other hand, with respect to the land 2 and 3, 1) the registration of creation of a mortgage No. 260,000,000 on March 16, 2007, and the establishment of a mortgage No. 5, which is the debtor C and the non-mortgaged agricultural cooperative, was completed (hereinafter “registration of creation of a mortgage No. 5”).
) The registration of creation of superficies (no land rents) was completed on March 19, 2007 by the racing and agricultural cooperatives No. 8, and the creation of superficies (hereinafter “registration of creation of superficies No. 8”) was completed (hereinafter “registration of creation of superficies”).
(2) On October 21, 2016, the registration of the establishment of a superficies was completed on October 21, 2016 as of October 21, 2016, and on October 21, 2016, the registration of the establishment of a superficies was completed on October 21, 2016 as of October 21, 2016.
[Ground of recognition] dispute.