사해행위취소 등
1. A sales contract concluded on November 18, 2015 between the Defendant and C with respect to one-half share of the real estate listed in the separate sheet.
1. Basic facts
A. C, on January 10, 2014, acquired ownership of Nonparty D and 2,95 square meters of forest E (hereinafter “E forest”) and conducted a new construction project on April 27, 2015 with a building permit granted on the land of E (hereinafter “E forest”).
B. On August 20, 2015, the Plaintiff entered into a sales contract with C, D, and C, and D, under which the sales price for 9 units among 10 units of housing (hereinafter “instant housing”) shall be KRW 300 million (hereinafter “instant sales contract”), and paid KRW 300 million to C and D on the same day.
The completion date of the instant housing construction project was April 30, 2016, and the new construction project of the instant housing was suspended at least 20% of the total progress around October 2015.
C. On June 27, 2016, the Plaintiff filed a lawsuit claiming the return of the sale price, stating that “The Plaintiff filed a claim for the return of the sale price in this case with the Suwon District Court’s Sung-nam Branch 2016Ga1232, stating that “The Plaintiff shall cancel the sale contract in this case on the grounds that the obligation to transfer ownership and the obligation to deliver housing are impossible, and seek the payment of 300 million won for the restitution of the sale price.”
On January 13, 2017, the above court rendered a judgment in favor of the Plaintiff that “C and D jointly and severally pay 300 million won to the Plaintiff and delayed damages.” The above judgment became final and conclusive on February 4, 2017.
On November 18, 2015, immediately after the discontinuance of the instant new housing construction project, C entered into a sales contract between the Defendant and C with the Defendant, as indicated in the separate sheet (hereinafter “instant real estate”) with respect to 1/2 shares of the real estate in which C and F share of 1/2 shares are jointly owned by 1/2,000,000 won (hereinafter “instant sales contract”).
C On November 19, 2015, the Defendant received on November 19, 2015, the Jeonju District Court’s Gunsan Branch on the share of 1/2 of the instant real estate on November 19, 2015.