사해행위취소
1. The contract to establish a right to collateral security concluded on July 8, 2015 between the Defendant and C regarding the real estate stated in the attached list.
1. Facts of recognition;
A. On January 28, 2015, the Plaintiff agreed to transfer the Eart from the Plaintiff to C in the process of operating the Eart, with the amount of KRW 2,30,000,000,000,000,000,000,000 won until March 31, 2015, to be paid until June 30, 2015.
B. The Plaintiff filed a lawsuit against C seeking the payment of the unpaid transfer price under the above transfer agreement with the Busan District Court 2015Gahap4972, which did not timely pay the price under the said transfer agreement.
On March 30, 2017, the appellate court rendered a judgment in favor of the Plaintiff to the effect that “C shall pay to the Plaintiff KRW 192,00,000,000 and delay damages therefor,” and the appellate court rendered a judgment in favor of the Plaintiff to the effect that “C shall pay to the Plaintiff KRW 192,00,000 and delay damages therefor,” and that C appealed appealed by Supreme Court Decision 2017Da225206, but the Supreme Court rendered a judgment in favor of the Plaintiff on July 17, 2017, which became final and conclusive
C. On July 9, 2015, C completed the registration of creation of a neighboring mortgage (No. 32890, which was the maximum debt amount of KRW 70 million) on July 8, 2015 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant on July 9, 2015.
The defendant is a person who is the spouse of C and operated the marina work as a store by F. D.
C was insolvent at the time of establishing the mortgage of this case.
E. As to the instant real estate, the Busan District Court’s Seo branch auction procedure was in progress, and the Defendant, as the mortgagee of the instant real estate, prepared a distribution schedule that receives dividends of KRW 55,456,825 as the mortgagee of the instant real estate.
F. On January 29, 2018, the Plaintiff received a provisional disposition that prohibits dividend payments from paying dividends to the Defendant and a third debtor to the Republic of Korea (Seoul District Court 2018Kadan100151, hereinafter “instant provisional disposition order”). The said decision was served on the Republic of Korea, a third debtor, around that time.
grounds for recognition.