사해행위취소 등
1. Revocation of a judgment of the first instance;
2. The plaintiff's claims against the defendants are all dismissed.
3. The total cost of the lawsuit.
1. Basic facts
A. The Plaintiff transferred the total of KRW 42,00,000,000 to Defendant B’s name account from his own name Gwangju Bank account (hereinafter “Gwanju Bank account”) on July 19, 201, and KRW 5,000,000 on November 28, 201 of the same year, and KRW 42,00,000 on December 5, 19 of the same year, and KRW 26,3,000,000 on December 26, 206 of the same year.
B. The Plaintiff’s account in the Gwangju Bank account with its own name National Bank account (hereinafter “National Bank account”) KRW 10,000,000 on August 18, 201, and the same year
9. 15.10,000,000 won, and the total of 24,000,000 won on October 28, 198, were remitted.
C. The Plaintiff transferred KRW 6,00,000,000 from the Gwangju Bank account to the F’s name account. < Amended by Presidential Decree No. 23283, Oct. 12, 2011>
Defendant B paid KRW 15,60,000 in total to the Plaintiff on August 2, 2011, KRW 2,500,000 on April 2, 2012, KRW 1,260,000 on June 7, 2012, KRW 5,60,000 on August 1, 201, and KRW 60,000 on August 28, 2012.
E. Defendant B owned each real estate listed in the separate sheet (hereinafter “instant real estate”). In the name of Defendant C, the establishment registration of a neighboring mortgage (hereinafter “instant mortgage establishment registration”) was completed on March 18, 2013 due to a contract concluded on June 28, 2013 (the maximum amount of claims KRW 500,000,000; hereinafter “instant mortgage contract”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. As to the claim against the defendant B
A. The Plaintiff asserted that: (a) upon Defendant B’s request, the Plaintiff lent the sum of KRW 72,000,000 to the national bank account and Defendant B’s and F’s account; and (b) Defendant B paid KRW 15,000,000 to the Plaintiff (the Plaintiff was paid KRW 600,000 out of the total amount of KRW 5,60,000 on August 1, 2012).
(2) Defendant B is obligated to pay the Plaintiff the remainder of the loan amounting to KRW 57,00,000 and damages for delay. Defendant B is obligated to pay the Plaintiff the remainder of the loan amounting to KRW 57,00,000 and the damages for delay.