사해행위취소등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance is ordered.
1. Basic facts
A. The Plaintiff’s claim C with respect to promissory notes against C was issued on July 1, 2009 with a face value of KRW 340 million, issue date, November 12, 2009, and a promissory note that became the Seoul Metropolitan Government with the place of payment and the place of issuance (hereinafter “instant promissory note”). On November 11, 2009, when delayed payment of the instant promissory note, a notarized deed stating the purport of recognizing and recognizing that there is no objection even if compulsory execution is being conducted, (No. 1272) was written by a notary public.
B. The defendant, who is the father of the payment order C against the defendant's C, claimed that C lent a total of KRW 40 million to C from April 24, 2001 to September 24, 2004, KRW 250 million, KRW 50 million on August 31, 2005, KRW 31.55 million on December 31, 2007, KRW 40 million on June 11, 2009, KRW 50 million on September 2, 201, and filed an application for the payment order (Seoul Northern Northern District Court Decision 201Da6864 on September 14, 201, KRW 200 million on September 14, 201, and received an order for payment for loans from the next day of service of the original copy on September 14, 2011.
The above payment order was finalized on October 5, 201.
C. On March 27, 2012, the Defendant issued an order of seizure and assignment of the Defendant with the original copy of the above payment order as the executive title and issued an order of seizure and assignment of the claim amounting to KRW 400 million as to the claim indicated in the attached list of the Mine Private Institutes of the Seoul Northern District Court (hereinafter “Seoul Northern District Court”) (hereinafter “Seoul Northern District Court”). The said order was served on March 29, 2012 and became final and conclusive on April 13, 2012.
On June 7, 2012, the Plaintiff filed a collection order with the Seoul Northern District Court 2012 Taga924 on June 7, 2012, 296, 296,110,959 won (=296,08,719 won for the execution of the remaining principal remaining due) for the claim for the payment of benefits against the Mine Driving Institute (296,08,719 won) based on the original copy of the notarial deed, and cited it on June 11, 2012.