사해행위취소
1. The plaintiff's lawsuit against the defendant C and D shall be dismissed.
2. The plaintiff's claim against the defendant B is dismissed.
3...
1. On the premise, E is the owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).
Both the Plaintiff and the Defendants are creditors of E.
E concluded a mortgage contract with Defendant B on September 13, 2013 with a maximum debt amount of KRW 170,000,000 on the 16th of the same month, and completed the establishment registration of a mortgage on the 16th of the same month, and ② on March 25, 2014, concluded a mortgage contract with Defendant C, D, and the maximum debt amount of KRW 195,00,000, and completed the establishment registration of a mortgage on the same day.
Each of the instant real estate was sold on March 3, 2015 upon the Plaintiff’s application. On the date of distribution on May 25, 2016, the distribution was made in order of KRW 16,29,932, the highest wage creditors (16,29,932), ② the Gyeyang Savings Bank, which is the first priority collective security right holder, KRW 325,316,08, and ③ Defendant B71,236,732, who is the second priority collective security right.
2. As to the plaintiff's claim against the defendant B
A. (1) Determination as to the cause of the claim: It is recognized that the Chang Young Industries, E, and H jointly issued to the Plaintiff a promissory note with the face value of KRW 250 million on August 4, 2011 (written evidence No. 1). Therefore, the existence of the Plaintiff’s claim for a promissory note amounting to KRW 250 million on the Plaintiff’s E is recognized. (2) Fraudulent act E concluded a mortgage agreement with Defendant B on September 13, 2013 with respect to each of the instant real property, and completed the registration of the establishment of a mortgage.
At the time, E’s active property was due to each of the instant real property (or equivalent to KRW 471,00,000,000 at the market price). However, it had already been in excess of the obligation due to the Plaintiff’s obligation of promissory notes payment amounting to KRW 250,00,000,00, and the obligation of loans to Gyeyang Savings Bank (principal amounting to KRW 257,797,859) to the Plaintiff as a passive property.
[Ground of recognition] Facts without dispute, entry of Gap3-5 evidence, and purport of the whole pleadings.