근저당권설정등기의말소등기절차이행
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On August 22, 2012, the Plaintiff’s summary of the Plaintiff’s assertion entered into a supply contract with B, a strike collector, and paid KRW 150,00,000.
Since then, B continued to supply the land to the Plaintiff in accordance with the above contract and suspended the supply of the land under the condition that the advance payment of KRW 55,000,000 remains.
Therefore, the plaintiff has a claim for return of advance payment amounting to KRW 55,000,000 against B.
Nevertheless, on December 3, 2012, B and the Defendant entered into a mortgage agreement (hereinafter “mortgage agreement”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) with the Defendant on December 3, 2012 as insolvent, and on the same day, B and B concluded a mortgage agreement (hereinafter “mortgage agreement”). On the same day, B and B completed the registration of creation of a mortgage (hereinafter “the registration of creation of a mortgage of this case”).
The instant mortgage contract concluded between the Defendant and B constitutes a juristic act detrimental to the Plaintiff, who is a general creditor, by reducing joint collateral, and thus, should be revoked. The Defendant is obligated to implement the registration procedure for cancellation of the establishment of a mortgage of the instant case, as restitution following the above cancellation, to B.
2. Although it is required that a claim protected by the obligee’s right of revocation was, in principle, incurred prior to the commission of an act that can be deemed a fraudulent act. However, at the time of a fraudulent act, there is a high probability that there has already been a legal relationship that serves as the basis of the establishment of a claim, and that the claim has been established in the near future in the near future, and in the near future, where the probability thereof has been realized and a claim has been established as a result of the realization of the claim,
(see, e.g., Supreme Court Decision 95Da27905, Nov. 28, 1995). First, the Plaintiff out of the proceeds of the strike that the Plaintiff paid to B pursuant to the supply contract concluded with the Plaintiff.