사해행위취소등 청구의 소
1. The plaintiff's claims against the defendants are all dismissed.
2. The plaintiff shall bear the litigation costs.
1. Basic facts
A. On October 5, 2012, the Plaintiff entered into a sub-lease contract with Defendant B, D, and one other, with respect to the former deposit amounting to KRW 420,00,00,00 for the first floor and the second floor underground of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and the sub-lease period from October 5, 2012 to October 4, 2014, and paid the above preceding deposit on the same day. To secure this, the Plaintiff entered into a sub-lease contract with Defendant B, D’s face value amounting to KRW 420,00,00,000, and the issuance date of a promissory note as of December 7, 2012, and September 24, 2014.
B. Although the sub-lease contract was terminated on May 3, 2015, the Plaintiff received only a refund of the deposit for sub-lease from Defendant B and D, the Plaintiff urged Defendant B to return the remainder of the deposit. On January 31, 2016, KRW 10,000,000, out of KRW 60,000,000, from Defendant B, was written and issued a certificate of loan that was agreed to pay KRW 50,000,00 by January 30, 2017.
C. On the other hand, on September 12, 2018, Defendant B entered into a sales contract with Defendant C on each of the real estate listed in the separate sheet with respect to each of the 43/300 shares owned by it (hereinafter “each of the instant real estate”). On November 2, 2018, Defendant C completed the registration of ownership transfer under Defendant C’s name.
Defendant C sold each of the instant real estate to F and G on July 15, 2019.
[Reasons for Recognition] Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 (including branch numbers, if any) and the purport of the whole pleadings
2. The defendant B alleged that the plaintiff's lawsuit of this case was defective in the litigation requirements in violation of his jurisdiction, and thus, the lawsuit is under the jurisdiction of the court where the defendant's general forum is located, and the lawsuit on the property right can be brought to the court where the place of residence or performance is located (Article 8 of the Civil Procedure Act). Of the lawsuit of this case, the part seeking the payment of the security deposit against the defendant B among the lawsuit of this case has jurisdiction over this court
Therefore, the above defendant's main defense is without merit.