사해행위취소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On July 180, 201, the Plaintiff entered into a contract with the Non-Party F Co., Ltd. (hereinafter “Non-Party F”) for the part of the retaining wall repair work in Kimhae-si and completed it on or around October 201, and thereafter filed a lawsuit against the Non-Party F to seek payment of the construction cost, and the Changwon District Court rendered a judgment on November 13, 2014, that “The Non-Party F shall pay to the Plaintiff 5,139,600 won and the interest thereon at a rate of 20% per annum from November 1, 2011 to November 13, 2014, and the next day to the day of full payment (the construction cost at Changwon District Court 2014Na3683).”
B. The non-party company completed the registration of the establishment of a neighboring mortgage and the establishment of a collateral security.
① On April 14, 2015, Defendants B and B concluded a mortgage agreement that constitutes a maximum debt amount of 65,00,000,000 with respect to the real estate stated in the separate sheet No. 1, and the Changwon District Court Kim Jong-hae registry office on the ground of the contract. The establishment registration of a mortgage was completed on April 15, 2015 as the receipt of No. 42563.
② On April 14, 2015, Defendant C and the lower court concluded a contract to establish a mortgage, which constitutes a maximum debt amount of 60,000,000 with respect to the real estate stated in [Attachment List No. 2], and concluded a contract to establish a mortgage on the ground of such contract, the Changwon District Court Kim Sea Registry, the receipt of April 15, 2015, and concluded a registration of the establishment of a mortgage.
③ On April 14, 2015, Defendant D entered into a mortgage contract with the amount of KRW 15,00,000 as to the motor vehicles listed in attached list No. 4, and completed the registration of the establishment of the mortgage G in receipt of the same day as the vehicle registration office in Kim Sea.
④ On April 14, 2015, Defendant E and Defendant E revoked a mortgage contract with the amount of KRW 45,00,000 as to the automobiles listed in the separate sheet No. 3 as to the automobiles listed in the separate sheet No. 3, and complete the registration of the establishment of the mortgage as H on the same day as the vehicle registration office in Kim Sea
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 4 (including additional number), the purport of the whole pleadings
2. The plaintiff's assertion