사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff has been engaged in the production and supply of spawn-type and spawn-type and spawn-type after being requested by C to do so.
B. On August 2017, the Plaintiff filed an application with the Incheon District Court for a payment order seeking payment of KRW 194,89,454 of the unpaid goods price against C as the Incheon District Court Decision 2017 tea54, and damages for delay thereof. The said payment order (hereinafter “instant payment order”) was finalized on November 28, 2017.
C. On October 20, 2017, prior to the confirmation of the instant payment order, the Plaintiff was issued a decision of provisional seizure on each of the real estate listed in the separate sheet (hereinafter “decision of provisional seizure”) by the Incheon District Court (2017Kadan5170) holding C/1/2 shares in the attached list (hereinafter “each of the instant real estate”). On the same day, the registration of provisional seizure was completed with respect to C shares in each of the instant real estate.
C and the Defendant purchased 1/2 shares of each of the instant real estate on June 16, 2017 and shared each of the instant real estate at husband and wife. However, on October 25, 2017 immediately after the completion of the registration of the provisional seizure decision, C donated its shares to the Defendant on October 25, 2017, and on the same day, the registration of transfer of ownership in the name of the Defendant was completed for each of the instant real estate on the same day.
E. On January 12, 2018, the Plaintiff implemented the instant provisional attachment order with the title of execution, and received a decision to commence compulsory auction as D with respect to the shares of C related to each of the instant real estate transferred under the name of the Defendant as indicated in the foregoing paragraph (d). In the above auction procedure, the Plaintiff was awarded a successful bid for the said shares and paid the purchase price on July 4, 2018.
F. The Plaintiff filed a lawsuit of demurrer against the distribution under the court order 2018Kadan17881 against E, who reported the right as a lessee of each of the instant real estate in the distribution procedure that was completed after the said auction procedure.