사해행위취소
1. It was concluded on November 16, 2016 with respect to each real estate listed in the separate sheet between E and Defendant B.
In fact, on March 17, 2016, the Plaintiff entered into a sales contract with E (hereinafter “instant factory sales contract”) to sell F&282m2, G factory site, 4,596m2, and above ground reinforced concrete slab roof factory (H, I, Jdong) 2,734m2 (hereinafter “instant factory”) and its machinery and equipment to the non-party company E (hereinafter “the instant factory sales contract”).
According to the instant plant sales contract, the total purchase price shall be KRW 3.25 billion, and the down payment shall be KRW 300 million shall be paid by the non-party company on the date of conclusion of the contract, and the intermediate payment of KRW 2.15 million shall be paid by the non-party company on the date of conclusion of the contract, and the non-party company succeeded to the Plaintiff’s obligation to the Industrial Bank of Korea, and the remainder of KRW 800 million shall be paid by the non-party
On the other hand, at the time of the conclusion of the above sales contract, K, L, and M jointly and severally guaranteed the remainder payment obligation of the non-party company.
On March 25, 2016, the non-party company paid the down payment under the above sales contract to the Plaintiff on the day of the contract, and completed the registration of transfer of ownership in the name of the non-party company with respect to the instant factory, and received the loan of the said real estate as collateral and paid the intermediate payment.
On June 22, 2016, the Plaintiff filed a lawsuit against the non-party company and its joint guarantor seeking payment of the purchase price under Changwon District Court Branch 2016Gahap479 on July 5, 2017 to receive the remainder of the purchase price as KRW 800 million, and received a judgment from the above court on July 5, 2017 for the petitioner of the order stating, “The Defendant jointly and severally filed a claim for payment of KRW 80 million with the Plaintiff, and the amount of KRW 5% per annum from April 1, 2016 to June 28, 2016, Defendant E shall be paid with the amount of KRW 15% per annum from the next day to the date of full payment.” The above judgment was finalized on August 23, 2017.
Nonparty .