사해행위취소
1. The reservation to trade concluded on May 21, 2018 between the Defendant and C regarding each real estate listed in the separate sheet shall be revoked.
1. Facts of recognition;
A. The plaintiff is a company that runs the electrical construction business.
B. While constructing a commercial building called “F” on the land as the owner of Yeonsu-gu Incheon land, D Co., Ltd. awarded a contract to G for the construction of the said building, G Co., Ltd. awarded a subcontract to H during the said construction to the electricity, telecommunications, and fire fighting corporation, and H re-subcontracted the said construction to the Plaintiff on April 4, 2016, and the Plaintiff completed the said construction.
(hereinafter referred to as “stock company”). (c)
When G was unable to pay the construction cost to H due to its financial shortage, D and C, their representative director, agreed to pay H 27,000,000 won jointly and severally, and H transferred KRW 152,00,000 among the construction cost claims against D and C, around March 2018.
The Plaintiff filed a lawsuit against D and C with the Incheon District Court No. 2018Gadan226557, and on September 19, 2018, the said court rendered a judgment in favor of the Plaintiff that “D and C jointly pay KRW 152,00,000 to the Plaintiff, and its delay damages,” and the said judgment became final and conclusive on October 12, 2018.
E. On the other hand, on May 23, 2018, C completed the provisional registration of the right to claim transfer of ownership (hereinafter “instant provisional registration”) on May 21, 2018 with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant, the birth partner, on May 23, 2018.
F. C was holding the instant real property as active property at the time of May 21, 2018, but its value is at least KRW 93,566,700 (i.e., the value calculated based on the officially announced value (i., the value calculated based on KRW 5,801,800, KRW 57,764,90, and the officially announced value) and KRW 112,00,000 (the sales value of C and the Defendant).
On the other hand, C is a debt of KRW 20 million against I, a debt of KRW 52 million against J Union, and a debt of KRW 152 million against the plaintiff.