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1. Of the instant lawsuit, the part of the Plaintiff’s respective claims for revocation of the fraudulent act against Defendant D and E, and the Defendant of Plaintiff C.
Reasons
1. Facts of recognition;
A. Defendant D is a company established for real estate sales, real estate rental, etc., and Defendant E is an inside director of Defendant D.
Defendant D purchased the real estate listed in attached Forms 1 and 2 on March 30, 2012 and acquired ownership in the auction procedure of real estate rent.
B. On March 30, 2012, Defendant D entered into a mortgage agreement stipulating the establishment of a collateral security right to the real estate listed in attached Forms 1 and 2, the ownership of Defendant D, in order to secure all obligations arising from the past, present, and future credit transactions against the Defendant’s Concept within the limit of 600 million won (hereinafter “mortgage 1-mortgage agreement”).
After March 30, 2012, the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage on the first place”) was completed on March 30, 2012, under Article 15156, which was received on March 30, 2012 from the Busan District Court Branch of the Dong Branch of the Busan District Court.
Defendant E was loaned KRW 498,00,000,000 on March 30, 2012, and KRW 200,000,000 on June 12, 2012, and KRW 230,000 on July 27, 2012.
C. On April 20, 2013, Defendant D entered into a lease agreement with the Plaintiff on the lease deposit amounting to KRW 50 million and KRW 700,000 per month of rent (hereinafter “No. 1 lease agreement”).
Plaintiff
A around that time paid the lease deposit of KRW 50 million to Defendant D, and operated a beverage store from the real estate listed in attached Form 2.
Plaintiff
On June 20, 2013, A agreed to deliver the real estate listed in attached Form 2 to Defendant D, and to be paid 12% interest per annum on the said money until Defendant D returned the deposit of KRW 50 million.
Since May 20, 2014, Defendant D paid interest of KRW 50 million to Plaintiff A, and paid KRW 20 million on May 21, 2014 and KRW 20 million on August 6, 2014.
Defendant D.