사해행위취소
1. As to real estate listed in the separate sheet:
A. Nonparty C and Defendant A were concluded on November 20, 2014.
1. Facts of recognition;
A. On November 14, 2014 between the Plaintiff and Nonparty D Co., Ltd. (hereinafter “D”) and C, a notarial deed was prepared to the effect that “D is KRW 312,496,882 of the debt owed to the Plaintiff on November 14, 2014, and C shall be repaid in full on December 31, 2014, and C shall be jointly and severally with D, with D, with the debtor D, and joint and several guarantors C, with the content that “D is KRW 312,496,82 of the debt owed to the Plaintiff on November 14, 2014.”
(hereinafter referred to as “instant authentic deed”). B.
C On November 20, 2014, Defendant A entered into a mortgage agreement and superficies agreement with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “priority mortgage agreement and superficies agreement”) as to the real estate as indicated in the separate sheet (hereinafter “instant real estate”), and on the ground thereof, Defendant A completed the registration of establishment of superficies with respect to the instant real estate as the maximum debt amount of KRW 450,000,000 with respect to the maximum debt amount of KRW 9217, which was received on November 21, 2014, as the Yangyang District Court received on November 21, 2014, as the maximum debt amount of KRW 450,00,000,000 with respect to the instant real estate
(hereinafter referred to as “registration of establishment of a mortgage and of creation of a superficies”).
In addition, on November 21, 2014, C entered into a mortgage agreement on the instant real estate with Defendant B (hereinafter “priority mortgage agreement”) and on the ground of this, C completed the registration of establishment of a mortgage on the instant real estate to Defendant B as the Chuncheon District Court Yangyang Registry No. 9257, Nov. 24, 2014, as the receipt of the maximum debt amount of the instant real estate, KRW 150,000,000, and Defendant B as the mortgagee No. 9257, the establishment of a mortgage on the instant real estate.
(hereinafter referred to as “the establishment registration of a mortgage near the order of priority”). [Grounds for recognition] The fact that there is no dispute, entries in Gap 1 and 2, and the purport of the whole pleadings.
2. The contract to establish a senior mortgage between C and Defendant on the instant real estate asserted by the Plaintiff was concluded.