사해행위취소
1. The Plaintiff:
(a) Defendant B and C jointly KRW 3,100,000,000;
B. Defendant D is the Defendant Corporation B.
1. Facts of recognition;
A. The F introduced G from the Defendant C, which was the land owner, and the Defendant C and G recommended F to purchase each of the land of 12,682 square meters, 12,682 square meters prior to the H, 1,140 square meters prior to the J, 1,322 square meters prior to the J, and 115 square meters of K forest land (hereinafter “each real estate in Ansan-si”).
B. At the time, the transfer registration of ownership was not completed in the G, but G purchased each real estate from the actual owners of each real estate in Ansan-si, and as G purchased each real estate in Ansan-si from the actual owners of each real estate in Ansan-si, it was authorized to conclude a sales contract for each real estate in Ansan-si.
C. Accordingly, F decided to purchase each real estate from G at the time of Ansan-si with the Plaintiff’s funds, and the sales contract concluded between the Plaintiff and the Defendant Company B (hereinafter “Defendant B”) as the purchaser, and the seller as the seller, and himself as the guarantor of the above sales contract.
Accordingly, on September 18, 2015, the real estate sales contract concluded between the Plaintiff, Defendant B and G with the purchase price of KRW 3,800,000,000 (the contract amount of KRW 300,000,000, the balance of KRW 350,000,000) for each real estate in Ansan-si (hereinafter “instant sales contract”).
E. On September 8, 2015, the day when the instant sales contract was concluded, the Plaintiff paid the down payment of KRW 300,000,000 to G. Even thereafter, G paid KRW 1,000,000 to G at the request of G. However, G did not comply with the details of the instant sales contract, such as cancellation of the provisional disposition registration established on each real estate at Ansan City.
F. As such, the Plaintiff, who participated in the instant sales contract as the purchaser of the instant sales contract under F’s proposal, did not properly implement the instant sales contract, held the Defendant C liable for the purchase of each real estate at Ansan-si, who recommended F to purchase each real estate.
Accordingly, on April 18, 2017, between the Plaintiff, Defendant B, and Defendant C’s wife, Defendant D, and F, etc.