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1. A contract to establish a mortgage concluded on November 25, 2014 between the Defendant and B regarding real estate recorded in the attached list.
Reasons
1. Basic facts
A. The Plaintiff’s claim against B shall have a claim for KRW 12,400,000 and damages for delay calculated by the rate of 18% per annum from April 2, 2013 to the date of full payment.
B. The Defendant, as to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by B, completed the registration of the establishment of a neighboring mortgage on November 25, 2014 by the Daejeon District Court, Seosan Branch Office, Seosan Branch Office, No. 46632, supra.
At the time, B was in excess of the obligation.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination
A. As seen earlier, the Plaintiff holds monetary claims against B with respect to the preserved claim, and the above claim becomes the preserved right in this case.
B. The fraudulent act refers to an act detrimental to the creditor by reducing active property or increasing the negative property, or by deepening that the debtor has already been in excess of his/her obligation, and the above act of disposal in B constitutes a fraudulent act against the general creditor such as the plaintiff.
C. In a lawsuit seeking revocation of a fraudulent act in bad faith by the defendant, there is a burden to prove that the debtor's bad faith is the debtor, but the beneficiary or subsequent purchaser is not the creditor, but the beneficiary or subsequent purchaser is the bona fide.
(See Supreme Court Decision 2004Da35465 Decided September 28, 2006, etc.). Data submitted by the Defendant alone is insufficient to recognize that the Defendant is a beneficiary of good faith, and there is no other evidence to acknowledge this.
(M) On November 24, 2014, the Defendant was aware of the excess of debt B on November 24, 2014, and on November 25, 2014, the following day is the person who completed the registration of the establishment of a neighboring mortgage on the instant real estate.
The defendant's duty of restitution and the method thereof, and ① each of the instant real estates.