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1. (a) On June 8, 2020, the real estate entered in the separate sheet between the Defendant and C is concluded.
Reasons
1. Facts of recognition;
A. The plaintiff is a company aimed at producing gold, etc., and the defendant is a company that aims at manufacturing and selling non-ferrous metals.
B. From November 1, 2019 to April 20, 2020, the Plaintiff supplied C with goods equivalent to KRW 954,674,56, such as gold-type production, ELD street lamps, landscape lighting fixtures, etc., and C issued and delivered a bill to the Plaintiff for the payment of the price of the goods, but the bill was final and conclusive.
(c)
On June 9, 2020, the Defendant completed the registration of the establishment of the right to collateral security (hereinafter “the right to collateral security”) of KRW 200 million against the Defendant, the debtor C, and the maximum amount of the claims, as the Incheon District Court Decision No. 64608, Jun. 9, 2020, regarding the real estate listed in the separate list owned by C, as to the real estate (hereinafter “the right to collateral security”).
C Co., Ltd. entered into a contract with the Defendant on May 22, 2020 to transfer the claim amounting to KRW 78,392,951 against D, and notified D of the purport thereof on June 17, 2020 (hereinafter “the claim of this case”). [In the absence of dispute over the grounds for recognition], the entry of evidence Nos. 1 through 7, and the purport of the entire pleadings as a whole.
2. Comprehensively taking account of the facts acknowledged prior to the determination of the cause of the claim and the overall purport of the arguments revealed earlier, the establishment of the instant right to collateral security and the transfer of the instant claim to the Defendant despite the excess of the obligation by C, constitutes an act detrimental to the general obligee, and the intent of C’s intent is recognized. Since the Defendant’s bad faith is presumed, the contract establishing the instant right to collateral security and the transfer of the instant claim should be revoked as an act detrimental to the intent, and the Defendant’s restoration following the cancellation of the above act to the original state following the cancellation of the registration of the instant right to collateral security and the transfer of the instant claim to the transferee of the instant claim.