사해행위취소
1. Revocation of a judgment of the first instance;
2. All of the plaintiffs' lawsuits of this case are dismissed.
3. The plaintiffs' total costs of litigation.
1. The basic facts of the claim (1) Nonparty H Co., Ltd. (hereinafter “H”) is a corporation established to newly construct and sell the “J”, a commercial building, as an aggregate building of the area of Suwon-si, I large 4,768 square meters.
(2) On October 31, 2007, H 3.250 million won, respectively, for each sales contract on the non-party D, K and the non-party building 4 and the non-party building 5.
(z) The sales contract of this case is collectively referred to as the "sale contract of this case"
(3) On the same day, the Plaintiffs filed a complaint to arbitrarily dispose of and embezzled the non-party building 4 and the fifth floor of the non-party building in the name of H, D and K, and then embezzled the same (the Plaintiffs asserted that the instant sales contract was prepared formally in accordance with the title trust agreement between H, D and K in the instant complaint case).
2) Accordingly, D and K were judged to be guilty of “violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement)” at this court (No. 2013Gohap68) but were acquitted on December 3, 2013 (see, e.g., Supreme Court en banc Decision 2013Da1448, Nov. 12, 2014). Meanwhile, the Defendant Intervenor was established on Nov. 12, 2014. At the time of its establishment, the representative director was Nonparty E, and the inside director was D and K (the representative director was changed to N, but D and K still were in office as an internal director.
(5) (5) D is deemed as the “instant land” which is one of the F 786 square meters and owned by itself.
(6) On August 8, 2016, the Defendant’s Intervenor sold it to the Defendant’s Intervenor, and completed the registration of ownership transfer on August 24, 2016. (6) The Defendant’s Intervenor newly constructed one unit of the three-story and ten-story condominium buildings over the G land, which is the land adjacent to the instant land, and completed the registration of ownership transfer on September 13, 2016 with respect to each sectional unit of the said condominium building (the title registration of the instant land was completed in the process).
Among them, each of the separate sections listed in the attached list shall be divided.