사해행위취소등
1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1..
1. In the first instance court, the plaintiff filed a claim for monetary payment against the defendants on the grounds of a conspiracy, false representation or tort, and ② a claim for revocation of a fraudulent act and restitution to the original state. The first instance court dismissed the claim, and ② partly accepted the claim [the remainder except the interest for delay on the day this judgment becomes final and conclusive].
As the Defendants appealed against this, the subject of the judgment of this court is limited to the claim 2, which is the scope of the Defendants’ objection.
2. Basic facts
A. On May 4, 2015, the Plaintiff entered into a sales contract with the Plaintiff and E. (1) The Plaintiff is a member of the F clan (hereinafter referred to as “foreign clan”).
B) As between E and E, the Plaintiff et al., the Plaintiff et al., and one other, share 2,179 square meters and 6 lots owned by the said clan (hereinafter “instant land”).
3) A contract to purchase KRW 362,60,000 (hereinafter “instant 1 contract”)
(2) On May 19, 2015, the Plaintiff entered into a contract with E to purchase KRW 484,00,000, and KRW 11,000,00, the Plaintiff’s wife and one other, Nonparty 1, as well as Nonparty 1, to purchase the land of H 1,92 square meters, and KRW 11,00,00 (hereinafter “instant land 2”).
B. On May 4, 2015, the Plaintiff: (a) transferred KRW 50,00,000 as down payment for the instant land No. 1; (b) KRW 20,000,00 as part of part payment for the intermediate payment on May 26, 201; and (c) KRW 50,000,000 as down payment for the instant land No. 2 to the account under the name of Nonghyup Bank.
C. On May 4, 2015, E remitted to Defendant D the amount of KRW 10,000,000 on May 4, 2015, and KRW 19,000,000 on the 19th day of the same month, and KRW 7,00,000,000 on the 26th day of the same month, respectively, and remitted to Defendant C the amount of KRW 10,00,000 on the 19th day of the same month, and KRW 12,00,000 on the 26th day of the same month.
(E) each remittance act against the Defendants is referred to as “each remittance act of this case”.