제3자이의
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1. Claim 1.
1. Facts of recognition;
A. The relationship between the parties 1) D has been operating a metal processing company with the trade name “E” from January 2010. 2) The Plaintiff’s husband, as an employee of “E”, entered into a sub-president contract with D around December 1, 201, and thereafter thereafter, he operated a manufacturing company with “F” in the E plant.
B. 1) On November 11, 201, the Plaintiff concluded a sales contract with D to purchase each of the instant movable property at KRW 120 million (hereinafter “instant sales contract”) between D and D (hereinafter “instant sales contract”).
(2) The Plaintiff concluded the instant contract with D on November 1, 201, which was the date of the contract, and paid KRW 35 million to D on November 29, 201, which was the date of contract conclusion, and KRW 25 million out of the remainder of KRW 85 million was paid on November 25, 201 and the remainder of KRW 60 million on November 29, 201.
3) On November 25, 201, a down payment of KRW 35 million and KRW 25 million remaining as the Plaintiff’s installment savings or deposit. On November 29, 2011, C paid the remainder of KRW 60 million as the amount loaned as security under the G Apartment No. 303 Dong 502, the window of Changwon-si, the Plaintiff owned by the Plaintiff. On March 19, 2014, the Plaintiff received the above apartment as security and repaid all of the above loans to C. The Plaintiff received each of the instant movables from D around the payment of the remainder, and thereafter, each of the instant movables was used to manufacture products from F.
C. Compulsory execution 1 against each of the instant movable property) The Defendant filed a lawsuit against C claiming compensation for value following the revocation of fraudulent act by using the claim against D as the preserved claim against Busan District Court 2013Da53614, and the above court rendered a judgment on April 22, 2014, which included “C shall pay the Defendant KRW 4 million and its delay damages.” (2) The Defendant’s compulsory execution against corporeal movable property as the Changwon District Court 2014No1610 based on the executory exemplification of the above judgment.