사해행위취소
1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff and D are the legal couple who reported marriage on February 26, 2010.
Defendant B is the omission of Defendant B, and Defendant C is the seat of Defendant D.
B. On September 5, 2014, the Plaintiff filed a lawsuit seeking divorce and division of property against D on September 5, 2014 with the Ulsan District Court 2014ddan31, and the part of the claim for division of property was withdrawn during the lawsuit.
On December 8, 2015, the Ulsan District Court dismissed the plaintiff's claim on the ground that even if the marriage relationship has broken down or has broken down, it is not recognized that D's cause has broken down, and it was finalized on January 5, 2016.
C. On September 5, 2014, D concluded a mortgage agreement with Defendant B on September 5, 2014, with the maximum debt amount of KRW 300,000,000,000, and the registration of establishment of a mortgage was completed on September 5, 2014, as to the real estate listed in the attached Table 1 list, as the Ulsan District Court No. 7477, Sept. 5, 2014. 2) D concluded a mortgage agreement with Defendant C on September 5, 2014, with the maximum debt amount of KRW 140,00,000,00 with Defendant C on September 5, 2014. As to the real estate listed in the attached Table 2 list, D concluded a mortgage agreement with the Ulsan District Court No. 94127, Sept. 5, 2014.
On April 16, 2015, the Plaintiff filed a complaint for non-prosecution disposition against the evasion of compulsory execution by D and the Defendants with D and the Defendants on the grounds that D bear false debt and completed the registration of establishment of a neighboring mortgage against the Defendants. On August 21, 2015, the Ulsan District Prosecutors’ Office rendered a disposition of suspicion on the ground that monetary transactions between D and the Defendants were actually conducted between D and the Defendants.
E. The cancellation of the registration of the establishment of a neighboring mortgage and the registration of the establishment of a neighboring mortgage in the name of Defendant B against the Defendants was revoked on October 8, 2015, and the registration of the establishment of a neighboring mortgage in the name of Defendant C was revoked on July 2, 2015, and the sale by auction as of July 2, 2015. In each distribution procedure, Defendant B and Defendant C are KRW 303,005,670, and KRW 120,51,780.