사해행위취소
1. On June 23, 2015, between D Co., Ltd and Defendant Co., Ltd., the area is about the E-gu in Gwangju Mine District, 3974 square meters.
1. Basic facts
A. On October 4, 2002, the Plaintiff, F, and G (hereinafter collectively referred to as “Plaintiff, etc.”) entered into a contract with H on the purchase of the instant land in KRW 2.14,7610,00 under the Plaintiff’s sole name, with the intent of the Plaintiff to hold 50%, F, and G shares, respectively.
Plaintiff
The bank received a loan from the bank and paid part of the purchase price to H Corporation, and accordingly, paid the interest on the loan.
B. On September 30, 201, the Plaintiff et al. provided the instant land by the Plaintiff et al., and entered into a joint agreement with I solely under the Plaintiff’s name to pay KRW 4.8 billion with the instant land price (the contract amount of KRW 500 million up to October 20, 201, and the intermediate payment of KRW 2.6 billion up to October 20, 201, with the bank loan of KRW 1.78 billion up to October 20, 201, with the payment of KRW 4.8 billion to the Plaintiff et al., instead of carrying out a project for constructing officetels and urban-type residential housing on the instant land (hereinafter “instant project”).
C. Around that time, Plaintiff et al. and I established the J (hereinafter “J”) to promote the instant project. Accordingly, on October 17, 201, the Plaintiff et al. established the J and appointed on October 21, 201 as the representative director of the J. D.
J On November 1, 2011, the Plaintiff et al.
The registration of ownership transfer for the land of this case is completed by transferring the status of the purchaser of the sale contract entered in the port.
The J around that time, borrowed a total of KRW 1.3 billion from the K Union (hereinafter “K”) and paid to the Plaintiff, etc. the sum of KRW 2.3 billion from the L Union (hereinafter “L”). On November 1, 2011, on the instant land, the registration of the establishment of a mortgage with the maximum debt amount of KRW 1.69 billion was completed on November 1, 201, while the registration of the establishment of a mortgage with the maximum debt amount of KRW 1.3 billion was completed on L with the maximum debt amount of KRW 1.3 billion.
E. GJ on December 13, 201.