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Reasons
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(영문) 서울고등법원 2015.05.01 2014나56586
사해행위취소 등
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1. Of the judgment of the court of first instance, the part against the defendant neighboring coast network fisheries cooperatives shall be revoked, and the revoked part shall be revoked.

Reasons

1. The following facts are without dispute between the parties, Gap evidence 1, Eul evidence 2, Eul evidence 3-1 through 3, Eul evidence 4-7, Eul evidence 8-1 through 22, Gap evidence 10, Gap evidence 11-1 through 38, Gap evidence 12-1, 13, Gap evidence 14-1, 15, Gap evidence 16, Eul evidence 17-1, 2, Eul evidence 18, Eul evidence 1-2, Eul evidence 3-1 through 3, Eul evidence 3-1, Eul evidence 2-2, Eul evidence 3-1, Eul evidence 6 through 8, Eul evidence 15, Eul evidence 17-1, Eul evidence 17-2, Eul evidence 1-2, Eul evidence 3-1, Eul evidence 3-2, Eul evidence 3-1, Eul evidence 6-2, Eul evidence 1 through 8, Eul evidence 1-5, evidence 3-1 and evidence 6-1 and evidence 5-1-2 of the court.

Plaintiff

The Plaintiff (Appointed Party; hereinafter referred to as the “Plaintiff”) lent the amount of KRW 40,00,000 to B on November 17, 201, and KRW 40,000,000 on November 18, 2011, and KRW 17,000,000 on December 9, 201, respectively, to the designated parties, 3% per interest month and August 30, 201.

The Selection G determined and lent to B the amount of KRW 10,00,000 on November 17, 201, and KRW 40,000,000 on November 18, 201, and KRW 17,000,00 on December 9, 2011, respectively.

The Appointors H each lent B the amount of KRW 40,00,000,000 on December 9, 2011, and KRW 26,000,000 on December 29, 2011, 3% of each interest month and the due date of repayment on August 30, 2012.

(2) The Plaintiff and the designated parties (hereinafter “instant loan”). The Plaintiff and the designated parties (hereinafter “the instant loan”) set up a collateral on the instant loan and registered the establishment of a mortgage on the instant loan as collateral against the instant loan loan, and the Plaintiff and the designated parties (hereinafter “the instant land”) completed the registration of the establishment of a mortgage on the instant loan by the Incheon District Court, South-dong District Court No. 21469, Apr. 10, 2012, with regard to the amount of maximum debt amount of KRW 260,000,000,000, and the amount of debt amount of KRW 260,000,00

2. As to the instant land, the Defendant, the maximum debt amount of which is KRW 436,540,000 on April 6, 2012.

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