사해행위취소
1. Revocation of the first instance judgment.
2. All plaintiffs' claims are dismissed.
3. Total costs of litigation are assessed against the Plaintiffs.
1. Basic facts
A. Plaintiff D, from December 30, 2008 to January 12, 201, Plaintiff B loaned money several times from February 17, 2010 to December 17, 2012, and the Plaintiffs filed a lawsuit seeking the payment of the said loan against Plaintiff D (Seoul Central District Court 2016No. 560785), and the said court rendered a judgment ordering the Defendant to pay the loan, as follows.
The above judgment (Seoul High Court 2018Na200723) and the final appeal (Supreme Court 2018Da286826) are the defendant (D),
(a) 5% per annum from January 13, 2011 to November 24, 2016 and 15% per annum from the following day to the date of full payment to Plaintiff A;
B. The amount of KRW 244,600,000 and the interest rate of KRW 24% per annum from July 2, 2013 to the day of full payment shall be paid respectively to Plaintiff B.
It was confirmed throughout the year.
B. On November 4, 2015, D entered into a sales contract with the Defendant (former: Co., Ltd.) on each real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant sales contract”), and completed the registration of ownership transfer on November 10, 2015 to the Defendant on each of the instant real estate.
【In the absence of a dispute over the grounds for recognition, the facts alleged in this court, the entries in Gap evidence Nos. 2 through 4, and 7 (including each number), and the purport of the whole pleadings
2. The plaintiffs' claims against D are recognized as preserved bonds of creditor's right of revocation, and the sale of real estate of this case to the defendant in excess of debt constitutes fraudulent act, and D's intent of amnesty is also recognized.
Therefore, the sales contract of this case should be revoked as a fraudulent act, and as such, the defendant is obligated to implement D the procedure for registration of cancellation of ownership transfer concerning the real estate of this case.
3. Any real estate on which a mortgage is established is transferred by a fraudulent act.