사해행위취소
1.The judgment of the first instance shall be modified as follows:
The separate sheet between the defendant and C (K prior to the opening of the name) shall be recorded.
1. The reason why the court should explain this part of the Defendant’s defense is the same as the corresponding part of the judgment of the court of first instance. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment on the merits
A. On July 1, 2010, the Plaintiff filed an application with C and D for a payment order claiming payment of KRW 21 million for vessel engine parts cost, which were supplied to D and D. On June 5, 2012, the Plaintiff received an order to pay “C shall pay 21 million won and the amount calculated at the rate of 20% per annum from June 16, 2012 following the delivery date of the original copy of the payment order to D, jointly and severally with D, and from June 16, 2012 to the full payment date. The above payment order became final and conclusive on June 30, 2012) C completed the registration of ownership transfer on the real estate owned by the Defendant, the wife, on February 1, 2011, on January 28, 2011.
3) At the time of the completion of the instant registration, the establishment registration of a new mortgage was completed on June 30, 200 under the name of the National Agricultural Cooperative Federation. On February 23, 2011, the Defendant cancelled the establishment registration of a new mortgage by repaying KRW 43,110,51 of the principal and interest of loan, which is the secured debt of the said right to collateral security, to the National Agricultural Cooperative Federation. (4) The Defendant cancelled the establishment registration of a new mortgage on the real estate indicated in the attached list. (3) On February 23, 2011, the Defendant: (a) registered the establishment of a new mortgage on the attached list with the maximum debt amount of KRW 180,00,000,000,000 won, the maximum debt amount of KRW 178,000,000 on August 4, 2011, and (b) cancelled the establishment registration of a new mortgage under the name of the Korea Technology Credit Guarantee Fund.
5) Meanwhile, at the time of the registration of the instant case, C is a Chinese company (hereinafter “instant limited liability company”).
(b).