사해행위취소 등
With respect to the share of 3300/1080 out of 35477m2 in Haak-gun, Haak-do, Haaknam-do:
A. It was concluded between the Defendant and Nonparty D.
1. The following facts are acknowledged in light of the overall purport of the arguments as a whole in each statement of evidence Nos. 1 to 4 (including where there are serial numbers) of this Court and the fact inquiry results of Jinju-si with respect to each fact inquiry.
A. On January 16, 2006, Nonparty D completed a share transfer registration with respect to a share of 3300/1080/100 out of 3547 square meters of forest land as stated in paragraph (1) of this Article.
B. On April 2, 2010, the Dispute Resolution E borrowed 400 million won from the Plaintiff, and D jointly and severally guaranteed the said borrowed debt.
C. On November 21, 2012, the Plaintiff filed a lawsuit against D in relation to the above joint and several liability obligations (the Changwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch 201514), and rendered a judgment on November 21, 2012 that “D shall pay to the Plaintiff 366,92,000 won and 219,230,000 won per annum from January 31, 2012 to the date of full payment” and became final and conclusive around that time.
On April 5, 2013, D: “The provisional registration of the instant provisional registration of the right to claim transfer of shares, which was based on “the reservation for sale and purchase (hereinafter “instant reservation”) made on April 4, 2013 by the Changwon District Court’s Haan registry office of registration of the Changwon District Court with respect to the share of 3300/10800 out of 3547 square meters of the said forest and fields,” is “the provisional registration of the instant provisional registration.”
E) At the time of the instant provisional registration, D’s active property was KRW 34,940,90 as follows. Petty property was in excess of KRW 1,319,148,060 as follows. (1) At the time of the instant provisional registration, C’s active property was in excess of KRW 5,261,40,00 for KRW 19,840,840 for C’s 29,8484,700 for Jinju-si 34,940,900 for KRW 34,940,90 for KRW 3640,90 for KRW 40,90 for KRW 240,652,50 for the remainder of the amount repaid before the obligee’s repayment, KRW 43,652,500 for the remainder of the amount repaid, KRW 43,650,500 for the Plaintiff, 205,505,000 for the remainder of the amount repaid.
2. According to the facts of the above recognition, D was in excess of its obligation at the time of the provisional registration of this case, and the promise to trade of this case was made.