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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. In the first instance court’s judgment, the Plaintiff filed a claim for revocation of fraudulent act, and filed a registration of cancellation of the establishment of a mortgage contract, which was the claim for restitution, and the court of first instance affirmed the part of the claim for revocation of fraudulent act among the Plaintiff’s claims and dismissed the part of the claim for restitution.
Since only the defendant appealed against this, the scope of this Court's trial is limited to the claim for revocation of fraudulent act cited in the first instance trial.
2. Facts of recognition;
A. The Plaintiff’s claim 1) on October 28, 2004 between E and E, based on the claim under the agreement between E on October 28, 2016, the Plaintiff completed the provisional attachment registration with respect to the instant real estate upon receiving a provisional attachment order with the Seoul Northern District Court 2015Kadan5482 as KRW 235,750,000. (2) On December 11, 2015, the Plaintiff filed a lawsuit against E for the claim for the agreed amount under the Seoul Northern District Court 2015Gahap3482 as of December 6, 2016, the said court rendered a judgment that “E shall pay to the Plaintiff 235,250,000 won with the annual interest rate from October 28, 2016 to June 6, 2016, with the annual interest rate of KRW 15% from the following day.”
Therefore, E appealed, but the judgment dismissing the appeal was rendered on November 24, 2016.
(Seoul High Court 2016Na2048394).(b)
On February 24, 2016, E entered into a mortgage agreement with the Defendant regarding the instant real estate with the maximum debt amount of KRW 221,00,000 as to the instant real estate (hereinafter “mortgage agreement”). Accordingly, on the same day, the registration of establishment of a mortgage was completed against the Defendant under the Daegu District Court No. 1812 as to the instant real estate as the receipt of the Ulsan District Court registry office.
C. At the time of entering into the instant mortgage contract, E’s active property is the sum of KRW 381,00,000,000 in the market value at the time of entering into the instant mortgage contract.