사해행위취소
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 28, 2010, the Plaintiff’s credit against C lent KRW 2,00,000 to C respectively, and KRW 6,000,000 on November 30, 201 (hereinafter “instant loan”).
B. C’s contract to establish a mortgage and registration of the establishment of a mortgage (1) on April 25, 2016, purchased shares of 0.375/5 of the instant real estate from the Defendant at KRW 10,000,000, and completed the registration of the transfer of shares in his/her name on May 20, 2016. (2) After June 8, 2016, C and the Defendant entered into a contract to create a mortgage (hereinafter “instant mortgage contract”) with the maximum debt amount of KRW 20,75/5 of the instant real estate as to the shares of KRW 0.375/5 of the instant real estate (hereinafter “the registration of the establishment of a mortgage”). On the same day, C completed the registration of the establishment of a mortgage under the Defendant’s name as to the shares of KRW 0.375/5 of the instant real estate (hereinafter “the registration of the establishment of a mortgage”).
C. C’s immunity 1) Meanwhile, C filed an application for bankruptcy and immunity with Seoul Rehabilitation Court Decision 2018Hadan3366, 2018Ma3366. On the other hand, C entered the Plaintiff’s claim (principal KRW 8,000, interest and delay damages KRW 2,400,000) in the list of creditors submitted to the said court. (2) The Seoul Rehabilitation Court declared bankruptcy against C on October 15, 2018; (3) abolished bankruptcy procedures and immunity from immunity on October 11, 2019; and (4) the aforementioned immunity decision (hereinafter “instant immunity decision”). < Amended by Presidential Decree No. 24279, Oct. 26, 2019>
[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 12, Eul evidence 9 (including branch numbers), the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion lies with C with the instant loan claim.
However, on June 8, 2016, C concluded the instant mortgage contract with the Defendant on the portion of 0.375/5 shares of the instant real estate, which is the only property between the Defendant and the Defendant, and completed the establishment registration of the instant mortgage to the Defendant.
This case between C and the defendant.