사해행위취소
1.The judgment of the first instance shall be modified as follows:
The plaintiff's main claim part against the defendants is brought.
1. Basic facts
A. Claim 1) E Co., Ltd. (hereinafter “E”) for the construction cost of E Co., Ltd.
(2) On July 20, 201, E was awarded a contract with D for the new construction of the instant building in KRW 800,000,000. Upon completion of the instant building, E transferred the instant building to D on December 13, 2011. However, E did not receive KRW 340,000,000 out of the said construction price from D, E applied for a payment order against D on March 25, 2014, seeking payment of the unpaid construction price, and received the payment order (hereinafter “instant payment order”). < Amended by Act No. 2014, Mar. 27, 2014>
D filed an objection against the instant payment order on May 14, 2014, and accordingly, the case of the instant payment order application was executed as a lawsuit for the claim of construction price payment under the Daejeon District Court Branch 2014Gahap1891.
On July 22, 2014, the Daejeon District Court rendered a judgment to the effect that “D shall pay the unpaid construction cost of KRW 340,000,000 and the delay damages therefor,” which read “D shall pay the unpaid construction cost of KRW 340,00,000” (hereinafter “instant judgment”).
B. D’s acquisition, etc. of the instant land and buildings: (a) D completed the registration of ownership transfer of the instant land from H, the representative director of the Daejeon District Court, No. 13205, Dec. 13, 201, as to the instant building; (b) D completed the registration from the Daejeon District Court’s Incheon District Court Branch on June 8, 2012, as the receipt of No. 61230, Jun. 22, 2012.
3) Meanwhile, on April 5, 2012, D provided the instant land as joint collateral and loaned KRW 647,600,000 to the NA, which was decided to purchase the instant building and the instant land owned by it. On the same day, D completed the registration of the establishment of a mortgage over the maximum debt amount of KRW 845,000,000 with respect to the instant land and the instant building as the receipt of Article 31527 of the Daejeon District Court Decision 31527, April 5, 2012.