사해행위취소 등 청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3.Paragraph 1 of the text of the judgment of the court of first instance.
1. Facts of recognition;
A. The New Bank Co., Ltd. (hereinafter “New Bank”) loaned to B the amount of KRW 297,00,000 on November 7, 2006, and KRW 28,500,000 on June 17, 2008, respectively.
B. The New Bank was respectively established on March 30, 200, the maximum debt amount of 199,200,000 won on March 30, 2004, B, the debtor, and B, the mortgage amount of 54,000,000 won on March 13, 2006, and B, the debtor, the mortgage amount of 103,20,000,000 won on November 6, 2006, and the mortgage amount of 103,20,00,000 won on November 6, 2006, and B, the debtor, respectively.
C. On December 23, 2013, the Plaintiff entered into an asset transfer agreement with a new bank and received each claim for loans from the new bank B, and the new bank notified B of the assignment of claims on December 26, 2013.
On August 8, 2013, the Defendant entered into a lease contract with B and the lease deposit amount of KRW 21,600,000 for the instant real estate and the lease period of KRW 25,00 for the instant real estate from August 25, 2013 to August 24, 2015 (hereinafter “instant lease contract”) and completed a move-in report on the instant real estate and received a fixed date on August 27, 2013.
E. On February 12, 2014, the Plaintiff filed an application for the commencement of voluntary auction to the Goyang Branch D with respect to the instant real estate, and received a voluntary decision to commence the auction from the above court.
F. In the above auction procedure, the Defendant filed an application for a report on rights and a demand for distribution as a lessee. On October 14, 2014, the said court distributed KRW 16,000,000 to the Defendant in the first order on the grounds that he/she is a lessee of small claims, while distributing KRW 296,345,374 to the Plaintiff as a mortgagee.
G. The Plaintiff appeared on the date of distribution and raised an objection against the total amount of the Defendant’s dividends.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, evidence No. 6, purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff alleged by the parties is the defendant by concluding the instant lease agreement with the defendant, which was absent from a debt excess condition.