사해행위취소
1. As to the Plaintiff, Defendant B and C, jointly and severally, KRW 95,808,595, and KRW 82,695,150 among them, Defendant B and C, as well as the Plaintiff on December 8, 2016.
1. Claim against Defendant B (hereinafter “Defendant Company”) and C
A. Indication of Claim: The description of the above Defendants' corresponding part of the grounds for the claim is as stated in the attached Form.
(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);
2. Claim against Defendant D
(a) In full view of the overall purport of the pleadings in each entry of evidence Nos. 1 to 21 (including paper numbers) of the basic facts, the facts as set out in the separate sheet No. 1-A to (c) and the following facts may be recognized.
(1) On June 10, 2016, Defendant C entered into a mortgage agreement between Defendant D and Defendant C with respect to the real estate listed in the separate sheet owned by Defendant C (hereinafter “instant real estate”). On the same day, Defendant D entered into the mortgage agreement between Defendant D and the maximum debt amount as KRW 144 million (hereinafter “instant mortgage agreement”). On the same day, the Seoul Central District Court received the registration of establishment on June 10, 2016 as Seoul Central District Court No. 114996.
D. Meanwhile, at the time of the conclusion of the instant mortgage contract, prior priority was established on the instant real estate by the mortgagee E Co., Ltd. (hereinafter “Nonindicted Bank”) and the maximum debt amount of KRW 3228 million.
After that, on October 21, 2016, the Seoul Central District Court rendered a decision to commence a preliminary auction of real estate with F of the Seoul Central District Court on the instant real estate upon the application of the Nonparty bank, which was the senior mortgagee, and on May 18, 2017, the distribution schedule was prepared to distribute KRW 284,99,071 to the Nonparty bank, which was the date of distribution, and KRW 130,430,582 to Defendant D in the second order.
Consolidated Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the distribution against Defendant D on May 24, 2017, against Defendant D, the Seoul Central District Court 2017Kadan5105084.
B. In light of the following circumstances acknowledged by comprehensively taking account of the overall purport of the evidence presented before the existence of the preserved claim, the Plaintiff’s Defendant C.