사해행위취소
1. Of the judgment of the court of first instance, the Plaintiff as to Defendant B and C who falls under the part ordering revocation and performance as follows.
1. Basic facts
A. On July 18, 2011, the Plaintiff received a contract for the part of the retaining wall repair work from the non-party company Kimhae-si I, and completed it on October 201, and thereafter filed a lawsuit against the non-party company seeking the payment of the construction cost.
Accordingly, on November 13, 2014, the Changwon District Court rendered a judgment that “the company outside the lawsuit shall pay to the Plaintiff 45,139,600 won with 5% interest per annum from November 1, 2011 to November 13, 2014, and 20% interest per annum from the next day to the date of full payment” (the Changwon District Court 2014Na3683). This was finalized on March 26, 2015 by the Supreme Court.
(Supreme Court Decision 2014Da86240). B.
As follows, the non-party company entered into a contract for the establishment of a mortgage and the establishment of a mortgage with the Defendants (hereinafter “instant security agreement”) and completed the registration of the establishment of a mortgage and the establishment of a mortgage (hereinafter “instant security right”).
1) On April 14, 2015, Defendant B entered into a mortgage agreement with Defendant B, which constitutes a maximum debt amount of 65,000,000,000 with respect to the real estate stated in [Attachment List No. 1], and on that ground, Defendant B completed the registration of creation of a mortgage (No. 42563), which was received on April 15, 2015, with Defendant C and Defendant C on April 14, 2015, the establishment of a mortgage agreement which constitutes a maximum debt amount of 60,00,000,00 with respect to the real estate stated in [Attachment List No. 2] as stated in [Attachment List No. 2], and the Changwon District Court Kim Jong-hae Registry, which was received on April 15, 2015, completed the registration of establishment of a mortgage with Defendant C on the ground of this.
3) On April 14, 2015, Defendant D entered into a mortgage agreement with Defendant D on a claim amounting to 15,000,000 of the amount of the automobile stated in the [Attachment List No. 4], and due to this, Defendant D completed the registration of the establishment of the mortgage on the same day as the vehicle registration office in Kimhae-si. 4) Defendant E and April 14, 2015 as to the automobile listed in the [Attachment List No. 3] of the [Attachment List No. 45,00,000].