사해행위취소
1. The Ministry of Security and Family Affairs dated March 11, 2013 regarding real estate listed in the separate sheet between the defendant and the non-party C.
1. Basic facts
A. On January 12, 2012, the Plaintiff agreed to engage in the business of collecting non-performing loans with the E and F Co., Ltd. (formerly, G Co., Ltd.; hereinafter “Nonindicted Co., Ltd.”) and the non-party company (hereinafter “non-party company”) and lent KRW 69,150,000 to the non-party company.
Since then, as the non-party company did not pay the above amount, the plaintiff filed a lawsuit against E, F, and non-party company on July 20, 2012, Seoul Western District Court 2012Gahap31628, claiming the return of the above amount.
On April 11, 2013, a judicial compromise was established between the Plaintiff and the non-party company to the effect that “the non-party company shall pay to the Plaintiff KRW 69,150,000 per annum from August 14, 2012 to the end of April 2013, 5% per annum, and 20% per annum from the next day to the day of full payment.”
The part concerning E and F in the above lawsuit shall have been closed on August 22, 2013 and the same year.
9.5. The judgment was rendered on May, 199, and the judgment was determined as insolvent as of the date of closing the argument and became final and conclusive without appeal of the parties.
(B) The non-party company is a real estate indicated in the separate sheet owned by the Ethical Capital Co., Ltd. (hereinafter “instant real estate”).
(C) As to the mortgage (hereinafter “mortgage”), the maximum debt amount of KRW 52,500,000 (hereinafter “the maximum debt amount”) established by the Suwon District Court No. 12987, Jul. 26, 2010, which was established as the No. 12987, supra.
(1) On January 16, 2013, the same registry office took over the instant right to collateral security (hereinafter “instant right to collateral security”) as the receipt No. 983, but thereafter, the Defendant established a pledge on the instant right to collateral security and completed the registration of the establishment of a pledge on the instant right to collateral security (hereinafter “instant right to collateral security”) on May 6, 2013 by the same registry office as the receipt of No. 9824 on May 6, 2013.
C. On April 23, 2014, the registration of the establishment of a pledge against the instant right to collateral security and collateral security was cancelled upon the sale of the instant real estate during the first compulsory auction procedure with the Suwon District Court Ansan Branch. However, on the Defendant.