사해행위취소
1. The Defendant shall pay to the Plaintiff KRW 115,463,244 and the interest rate of KRW 15% per annum from March 7, 2017 to the date of full payment.
1. Basic facts
A. On June 21, 2005, the bankruptcy trustee of the Gyeongbuk Mutual Savings and Finance Company, the bankrupt, the Korea Deposit Insurance Corporation, as the Daegu District Court 2004Gahap17294, filed a lawsuit of damages claim against the Defendant’s wife B, etc., and rendered a favorable judgment against the court that held on June 21, 2005 that the Korea Deposit Insurance Corporation would pay the sum of KRW 500 million
B. On July 9, 2015, the Plaintiff filed an application with the Seoul Central District Court for a payment order against B, etc. for the interruption of extinctive prescription after receiving the claim for damages arising from the said final judgment from the Korea Deposit Insurance Corporation, and issued a payment order with the court ordering the Plaintiff to pay the sum of KRW 500 million and the damages incurred therefrom. This order became final and conclusive around that time.
C. B entered into a mortgage contract with the Defendant on October 20, 1997 and on November 20, 1997 with respect to each land of Cheongbuk-do, Cheongbuk-do, (D in division), E (F), G (H), I, and J (hereinafter “instant land”). On February 21, 1998, the Daegu District Court Cheongdo Office of the Daegu District Court and Do Office of 2301 and 2302 received on February 21, 1998, each of the collective security holders, Defendant K (B’s wife), the maximum debt amount, KRW 70 million, and KRW 150 million and the establishment registration of the collective security was completed.
(hereinafter referred to as the “mortgage of this case”) D.
When the instant land was incorporated into a Lroad project implemented by Gyeongbuk-do in 2014, the Defendant received an order for the seizure and all of the claims based on subrogation of the instant right to collateral security as to the compensation claim that B, who was the landowner of this case, was entitled to KRW 220 million on September 15, 2014 with the amount of claim claim KRW 220 million on September 15, 2014, as the Daegu District Court 2014TT13696.
E. Afterwards, Gyeong-do deposited land compensation against B, and on October 17, 2014 due to expropriation.