사해행위취소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On April 24, 2009, the Plaintiff’s Intervenor (hereinafter “ Intervenor”) asserted that Defendant F Co., Ltd. (hereinafter “Co., Ltd.”) had the right to claim the return of down payment KRW 30,000,000 following the cancellation of the registration agent agreement, and filed a lawsuit against Defendant F for claiming the return of down payment under the Seoul Central District Court Order 201Kadan20187.
On October 18, 2011, the above court rendered a judgment that “Defendant F shall pay to the intervenors the amount of KRW 30,000,000 and 20% interest per annum from August 18, 201 to the date of full payment” and the above judgment became final and conclusive on November 3, 2011.
B. On November 17, 2014, the intervenor transferred claims based on the above final judgment to the Plaintiff, and on November 27, 2014, notified Defendant F of the assignment of claims.
C. In order to implement a new G hotel construction project, Defendant F purchased the land of 35 lots, including 10 square meters in Nam-gu, Nam-gu, and completed the registration of ownership transfer. On April 22, 2008, Defendant F entered into a real estate security trust contract with Defendant D on the said land.
Since then, Defendant F purchased land of 27 lots, including 1 41 m2, in order to implement the above project, and completed the registration of ownership transfer, and Defendant F entered into a real estate security trust contract with Defendant D on November 2, 2009.
(hereinafter the above real estate security trust contract is "the first trust contract" and the above 62 land is "the project site of this case".
Defendant D, around May 2015, upon the request of the first priority beneficiary of the first trust contract, conducted the public auction procedure on the instant project site. Defendant C, a corporation, purchased the instant project site and completed the registration of ownership transfer on August 3, 2015 in the said public auction procedure.
On August 31, 2015, Defendant C and this case’s project site are subject to a real estate security trust agreement (hereinafter “second trust agreement”).