사해행위취소
A pledge contract between the defendant and C on November 16, 2017 between the defendant and C shall be revoked.
The defendant is D.
Basic facts A Co., Ltd. (hereinafter referred to as "stock company" in the name of the company omitted) granted a loan to C on February 22, 2007, KRW 5.3 billion, KRW 1 billion on August 22, 2008, KRW 1 billion on May 24, 2010, KRW 12 billion on a yearly interest rate, and KRW 90 million on May 27, 201, respectively, on February 24, 2013 (hereinafter referred to as "the loan of this case").
A In order to secure each of the above claims, from December 27, 2006 to August 22, 2008, A completed the registration of establishment of a collateral security interest of KRW 8.19 billion in total with the obligor C and the maximum amount of claims on the land and buildings listed in the attached Form C (hereinafter collectively referred to as “instant real estate”).
C On October 15, 2009, C concluded a real estate security trust agreement (hereinafter “instant trust agreement”) with D, the trustor, and the beneficiary as C, the trustee, the first priority beneficiary as D, A, and the real estate as the instant real estate.
C On October 15, 2009, on October 15, 2009, registered the transfer of ownership based on the trust with respect to the instant real estate.
A's first priority profit amount is the current 3.47 billion won.
C From September 24, 2012, from September 24, 2012, C began to delay the repayment of the debt of this case.
C Representative E (the mother of Defendant Representative F) made an issuer C on June 5, 2015, and prepared a note with a face value of KRW 2.97 billion attached to F (No. 171 of 2015), a note note with a face value of KRW 4.56 billion attached to G (No. 172 of 2015), a note note with a face value of KRW 4.4 billion attached to H (No. 173 of 2015), and a note note with a face value of KRW 4.4 billion attached to H.
On November 2, 2017, the Defendant entered into a contract for the transfer of claims against F, etc., such as F, G, and H, to obtain the assignment of claims against F, etc. D. F, G, and H. The notice of the transfer of claims against F, G, and H reached around November 3, 2017.
On November 16, 2017, the Defendant’s portion relating to the distribution of trust profits among the terms and conditions of the instant trust agreement with C based on the instant trust agreement is as follows.