부인의소
1. As to each real estate listed in the separate sheet to E:
A. The defendant C received on November 1, 2012 from the Busan District Court.
1. Facts of recognition;
A. On September 23, 2014, the debtor A was declared bankrupt by Busan District Court Decision 2014Hadan1319, and the plaintiff was appointed as the trustee in bankruptcy.
B. On June 15, 201, A entered into a gift agreement (hereinafter “instant gift agreement”) with the wife E on each real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the registration of ownership transfer on June 16, 201.
C. On November 1, 2012, E entered into a mortgage agreement with Defendant C, which constitutes a maximum debt amount of 60,000,000 with respect to the instant real estate. On the same day, Defendant C, Busan District Court, as the receipt of No. 59498, Nov. 1, 2012, completed the registration of creation of a neighboring mortgage (hereinafter “instant No. 1 mortgage”).
E entered into a mortgage agreement with Defendant D on December 12, 2012, which constitutes a maximum debt amount of 55,00,000,000 with respect to the instant real estate. On the same day, Defendant D, Busan District Court on December 12, 2012, completed the registration of creation of a neighboring mortgage (hereinafter “instant second mortgage”) as the receipt of No. 68045, Dec. 12, 2012.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to Article 403(1)1 of the Debtor Rehabilitation and Bankruptcy Act that exercises the right to set aside against the Defendants, who are the subsequent purchaser, when the subsequent purchaser becomes aware of the existence of the grounds for setting aside on the former at the time of the subsequent purchase, the right to set aside may also be exercised against the subsequent purchaser.
(1) The grounds for setting aside against E (i) an act subject to setting aside under Article 391 subparag. 1 of the Debtor Rehabilitation Act, “an act of having knowledge that the debtor would prejudice any bankruptcy creditor,” not only reduces the bankruptcy estate by deviating from the bankruptcy estate the debtor’s general property, which is the joint security of all creditors, from the bankruptcy estate, but also provides repayment or security to a specific creditor