사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On October 17, 2013, the Plaintiff filed a loan claim lawsuit against C with the Daejeon District Court of Hongsung Branch of the Daejeon District Court (2013Gaso2917), and on October 17, 2013, the voluntary conciliation was established to the effect that “C shall pay the Plaintiff KRW 20 million by April 30, 2014. If C does not pay the said money by the said date, the amount unpaid shall be paid in addition to the amount calculated by adding the rate of 20% per annum from the following day to the date of full payment.”
C On November 12, 2015, the Defendant and the attached list (hereinafter “instant real estate”) concluded a mortgage agreement (hereinafter “mortgage agreement”) with respect to the real estate as indicated in the attached list, and on the same day, the registration of creation of a mortgage (hereinafter “mortgage creation”) was completed on November 12, 2015 under the name of the Defendant as the receipt of the maximum debt amount of KRW 55 million from the Daejeon District Court’s Busan District Court Branch No. 77048, Nov. 12, 2015.
[Ground of recognition] Facts without dispute, Gap 1 through 3, purport of the whole pleadings
2. The Plaintiff, the cause of the Plaintiff, has a claim against C with respect to the foregoing judgment amount. The conclusion of the instant mortgage contract with the Defendant regarding the instant real estate under excess of the obligation by C, should be revoked as a fraudulent act detrimental to the Plaintiff, who is the obligee. Accordingly, the Defendant is obliged to implement the registration procedure for cancellation of the registration of cancellation of the establishment of the instant mortgage.
3. Determination
A. If the obligor borrowed money from the obligee to use it as a real estate purchase fund, and provided newly acquired real estate as a security for the obligee’s debt, barring any other special circumstance, the existing obligees’ joint security cannot be deemed to have decreased through a short period of time before and after the series of acts, barring any other special circumstance. In such a case, only the obligor’s act of offering security to the obligee is separated and constitutes fraudulent act.