사해행위취소
1. As to real estate listed in the separate sheet:
A. The Defendants and Nonparty C concluded on March 2, 2015.
1. Facts of recognition;
A. On July 3, 2014, the Plaintiff entered into a credit guarantee agreement with respect to loans that D Co., Ltd. (hereinafter “Nonindicted Company”) received from Nonparty New Bank.
B. After that, on September 4, 2015, the non-party company was processed in bad faith on the grounds of natural body, etc., and on January 25, 2016, the Plaintiff filed an application for a payment order with the non-party company and the non-party company, the representative director of the non-party company, to pay KRW 81,401,765 to the Plaintiff and its delay damages. The above payment order was finally finalized on June 28, 2016.
C. On March 2, 2015, C concluded a mortgage agreement with Defendant A, the shareholder of the non-party company, and Defendant A, the shareholder E of the non-party company, as to the real estate listed in the separate sheet (hereinafter “instant real estate”), which is one of the sole property of the non-party company, and the Daegu District Court’s registration office received on March 5, 2015 and completed the registration of the establishment of the neighboring real estate to the Defendants as the receipt of No. 7962.
[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings
2. In a case where the obligor’s property is insufficient to satisfy the obligor’s entire obligation, if the obligor provided the obligor’s property as payment in kind or as a security to a certain obligee, barring any special circumstance, it would harm the interests of other obligees, and thus, constitutes a fraudulent act in relation to other obligees, and the same applies even if the obligor’s property provided as payment in kind or as a security is not the obligor’
(See Supreme Court Decision 2008Da85161 Decided September 10, 2009). According to the above facts, C entered into a mortgage agreement with the Defendants as to the instant real estate, which is one of its sole property in excess of debt, with respect to the instant real estate.