사해행위취소
1. The right to collateral security entered into on January 20, 2015 with respect to the real estate recorded in the separate sheet between Defendant D and Nonparty F.
1. Facts of recognition;
A. Plaintiff A filed an application for provisional attachment with respect to the real estate listed in the separate sheet owned by Nonparty F (hereinafter “instant real estate”). On April 9, 2015, Plaintiff A issued a provisional attachment order on KRW 14,293,394 regarding the loan claim against Nonparty F as the claim claim amount.
(B) Busan District Court Branch Branch 2015Kadan578).
Plaintiff
B filed a lawsuit against Nonparty F on January 7, 2015, the lower court rendered a judgment that “the Defendant shall pay to the Plaintiff 5,260,000 won and the amount calculated by applying each rate of 5% per annum from June 16, 2014 to January 7, 2015, and 20% per annum from the next day to the day of full payment” and became final and conclusive around that time.
C. On February 2013, Plaintiff C lent KRW 18,00,000 to Nonparty F, but Nonparty F did not repay it, Plaintiff C applied for a payment order with the content of claiming the payment of the loan and the delayed payment damages. The above payment order was finalized on December 13, 2014.
On January 20, 2015, Defendant D entered into a mortgage agreement with Nonparty F on KRW 50,000,000 with respect to the instant real estate, and completed the registration of creation of a mortgage on the 21st day of the same month with the Busan District Court No. 8173.
E. On February 12, 2015, Defendant E entered into a mortgage contract with Nonparty F on the instant real estate with the maximum debt amount of KRW 50,000,000, and completed the registration of creation of a mortgage with the Busan District Court No. 18786 on the same day.
F. Nonparty F is the sole property of the instant real estate, and the market price around August 2015 of the instant apartment is KRW 115,000,000, around August 2015.
G. On January 14, 2015, prior to the creation of each of the instant mortgages, Nonparty F completed the registration of creation of a collateral security amount of KRW 84,500,000 with respect to the instant real estate, which is the Korea Savings Bank, as the mortgagee.
[Ground of recognition] Unsatisfy, A(1) through (3)