사해행위취소
1. As to each real estate listed in Schedule 1, 2, and 3:
A. On October 30, 2013, concluded between Defendant C and D.
1. Basic facts
A. On June 13, 2012, the Plaintiff filed a lawsuit against D and Defendant B on June 13, 2012, seeking compensation for damages, etc. on the ground that D sold six parcels of land, including 4,438 square meters, owned by the Plaintiff, without the Plaintiff’s consent, on July 19, 2010, the Plaintiff sold the said six parcels of land, including 2012Gahap4562, which was owned by the Plaintiff, to compensate for tort or unjust enrichment for the purchase price of the said land. The instant court rendered a favorable judgment on April 24, 2014.
The summary of the reasoning of the judgment of the court of first instance is as follows: (a) six parcels, including the above Jinjin-si E 4,438 square meters, are owned by the plaintiff and the registration title is registered in the name of the defendant B; (b) on May 24, 2010, D, delegated by the defendant B, sold the above land in KRW 4,754,760,000 to a third party; and (c) on July 19, 2010, it is impossible to recover the registration title from the trustor by completing the registration of ownership transfer under the third party’s name; and (d) holding profits from land sale; and (e) is obligated to refund the remaining 1,438,583,590 won, the expenses incurred in disposing of the land from the purchase price, and the delay damages therefrom.
On the other hand, the plaintiff and D were appealed, and the Seoul High Court (2014Na2016058) rendered a judgment in favor of the plaintiff as of April 30, 2015 (However, unlike the first instance court, the costs to be deducted for the scope of return of unjust enrichment should be determined differently from the costs to be settled in relation to the scope of return of unjust enrichment and D should be refunded to the plaintiff, and D should be returned to the plaintiff as well as damages for delay thereof). D's appeal and the above case (hereinafter "related case") continues to continue to be the Supreme Court (2015Da219092) at present.
B. D’s disposal disposition 1) D’s real estate indicated in paragraph 4 of the attached Table No. 4 (hereinafter “instant real estate No. 4”) owned between Defendant B and Defendant B on October 25, 2013.
A) As to the establishment of a mortgage agreement with a maximum amount of claim KRW 400,000,000 (hereinafter “the first mortgage agreement”).
. Defendant.