사해행위취소
1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2.(a)
The defendant and B (C) are described in the separate sheet.
1. Facts of recognition;
A. The Plaintiff’s claim No. B 1) Edidrid Ba (hereinafter “Edidrid Ba”)
(D) is the executor of the business that newly constructs and sells Ftels on the land and E of Yeonsu-gu Incheon and Korea Asset Trust Co., Ltd. (hereinafter referred to as “Korea Asset Trust”).
(2) The Plaintiff entered into an agreement on the collective loan of intermediate payments with Edddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddds
On October 18, 2009, the Plaintiff entered into a loan transaction agreement on December 31, 201, which was determined as follows: (a) Ftel 206 units B; (b) household general loan loan; (c) loan principal of the loan; (d) loan principal of KRW 126,356,00; and (e) loan transaction agreement on December 31, 201, which was executed on December 10, 2009.
(3) The term of the instant loan has expired, and the due date has arrived. The contractual delay interest rate from January 4, 2012 to February 28, 2015, which is the date following the date the Plaintiff calculated for calculating damages for delay, is 14.05% per annum and 13.05% per annum; 4) on July 1, 2015, the sum of the principal and interest of the instant loan as of July 1, 2015, is 187,94,164 won (=126,356,000 overdue interest of KRW 61,58,164 won).
B. B, on July 11, 2013, concluded a mortgage agreement with the Defendant, who is a relative, as to the instant real estate, and accordingly, concluded the mortgage agreement with the Defendant on July 13, 2013 as indicated in paragraph (2) of this Article (hereinafter “the first collateral mortgage”) with the Defendant on July 13, 2013 (hereinafter “the first collateral mortgage”).
(2) On September 25, 2015, B concluded a mortgage agreement with the Defendant regarding the instant real estate, and accordingly, concluded a mortgage agreement with the Defendant on the same day, as stated in the purport of the claim, regarding the establishment registration of a mortgage of KRW 200 million to the Defendant.
hereinafter referred to as “second priority mortgage”).