사해행위취소 등 청구의 소
1. On August 8, 2013 between the Defendant and Nonparty B, as to the heading 104 Dong-gu Seoul Metropolitan Government C Apartment-dong 1702.
1. Facts of recognition;
A. On August 8, 2013, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 21,60,00,00 and the lease term from August 25, 2013 to August 24, 2015 (hereinafter “instant lease agreement”).
The defendant completed a move-in report on the instant real estate on August 27, 2013 and received a fixed date in the contract.
B. The New Bank Co., Ltd. loaned B the debt amount of KRW 297,00,000 on November 7, 2006, and KRW 28,500,000 on June 17, 2008. Meanwhile, the real estate in this case was each the collateral security amount of KRW 199,20,000, which was the new bank that was the mortgagee of the collateral security, and the maximum debt amount of March 30, 2004, which was KRW 199,20,000, KRW 54,000, the maximum debt amount of March 13, 2006, which was KRW 103,200,000, and the maximum debt amount of KRW 103,20,000 on November 6, 2006.
On December 23, 2013, the Plaintiff received each of the above loans owed by a new bank to B according to an asset acquisition limit contract with the new bank, and the new bank notified B of the purport of the above transfer on December 26, 2013.
C. On February 12, 2014, the Plaintiff filed an application for the commencement of voluntary auction on the instant real estate with the Jung-gu District Court Goyang Branch D, and the said court rendered a decision to commence voluntary auction on February 12, 2014, and continued the auction procedure.
In the above procedure, the defendant filed a report on the right as a lessee and filed an application for demand for distribution.
On October 14, 2014, the lower court distributed KRW 16,000,000 to the Defendant, and distributed KRW 296,345,374 to the Plaintiff.
Accordingly, the plaintiff appeared on the date of distribution and raised an objection to the total amount of the defendant's dividends.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, evidence 6, purport of whole pleadings
2. The plaintiff alleged by the parties is B and the defendant who was absent from the obligation excess status.