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1. As to KRW 50,255,528 and KRW 49,928,60 among the Plaintiff, Defendant A shall be from February 16, 2017 to July 29, 2017.
Reasons
1. Determination as to the claim for reimbursement against Defendant A
(a) Indication of claims: It is as shown in Appendix 2;
(b) Judgment on deemed confession (Article 208 (3) 2, and Article 150 subparagraph 3 of the Civil Procedure Act);
2. Determination on the revocation of fraudulent act against the Defendants and the claim for restitution
A. Basic facts (1) The Plaintiff had a claim for reimbursement against the Defendant A as shown in the attached Table 2.
(2) On October 14, 2016, Defendant A entered into a mortgage creation agreement (hereinafter “instant mortgage creation agreement”) with Defendant A regarding the real estate listed in attached Table 1 List No. 1 (hereinafter “real estate No. 1”) owned by Defendant A (hereinafter “instant real estate”). On October 14, 2016, Defendant A completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) that was created by Defendant A and Defendant B, with the maximum amount of debt received on October 14, 2016 from Incheon District Court’s registry No. 36719, Oct. 14, 2016.
On December 12, 2016, Defendant A entered into a mortgage agreement (hereinafter “each of the instant real estates”) with respect to the instant real estate owned by Defendant C and the real estate listed in attached Table 1 List 2 (hereinafter collectively referred to as “each of the instant real estates”). As to each of the instant real estates, the Incheon District Court’s registration office completed the registration of Incheon District Court’s 469045, which was received on December 12, 2016, with the maximum debt amount of KRW 60 million, the debtor E-mortgage, and the Defendant C of each of the instant real estates owned by Defendant C (hereinafter referred to as “the establishment registration of each of the instant real estates”).
(3) Defendant A’s active property was 15 financial institutions, including the Defendants, and the National Tax Service, with each of the instant real estate and the F building No. 10 G of the Nam-gu Incheon. However, around October 14, 2016, Defendant A’s active property amounting to KRW 431 million in total, and KRW 549,667,529 in total, and ② around December 12, 2016.