사해행위취소
1. Defendant A’s interest rate for KRW 54,43,122 and KRW 16,688,182 among the Plaintiff shall be from June 28, 2017 to the date of full payment.
1. Facts of recognition;
A. On July 19, 2012, the Effective Capital Co., Ltd. (hereinafter “effective Capital”) entered into a lease agreement with Defendant A, setting the lease amount of KRW 101,001,60, 48 months during the lease period, 30% during the lease period, 1,86,90 won per month, and monthly lease amount of KRW 1,86,90.
B. When Defendant A was in arrears in paying monthly rent, filial Capital transferred a lease fee claim to the Plaintiff on March 23, 2016, and notified Defendant A of the assignment of the claim.
C. As of June 27, 2017, the sum of principal and interest of KRW 16,688,182 as of KRW 16,68,182 as of KRW 54,43,122 as of KRW 27, and the principal and interest of KRW 58,273,689 as of May 29, 2018 are KRW 58,273,689.
On June 3, 2013, Defendant A sold real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant B (hereinafter “instant sales contract”) and transferred the registration of ownership transfer to Defendant B on June 19, 2013. Defendant B sold the instant real estate to Defendant C on May 29, 2015, and transferred the registration of ownership transfer to Defendant C on June 3, 2015.
E. (1) On March 19, 2009, the right to collateral security was created with the instant real estate as a joint collateral with the amount of KRW 325,000,000 for the Masan City Agricultural Cooperative (hereinafter “Masan Agricultural Cooperative”), the maximum debt amount, and KRW 325,000,000. After the conclusion of the instant sales contract, the said right to collateral security was revoked on June 3, 2015. The said right to collateral security was created on October 22, 2009 with the land and the building on the land of Changsan City P, Changsipo-gu among the instant real estate as a joint collateral, and the right to collateral security was created with the amount of KRW E,50,000 as the maximum debt amount, and on February 4, 2015 after the conclusion of the instant sales contract.
F. At the time of the instant sales contract, the secured debt in the name of Msan NA was KRW 250,000,000.
[Grounds for recognition] against Defendant A: The fact that there is no dispute against the remaining Defendants, and the number of evidence Nos. 1 through 6 is also the case.