사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 5, 2015, the Intervenor borrowed money from the Intervenor’s Intervenor (hereinafter “ Intervenor”) and the Intervenor offering real estate security from the Plaintiff, and borrowed KRW 88,00,000 from the Plaintiff to secure the obligation for the borrowed money, and completed the registration of ownership transfer under the name of the Plaintiff on June 5, 2015 regarding real estate listed in the separate sheet owned by the Intervenor C (hereinafter “instant real estate”).
B. A real estate sales contract was prepared on February 22, 2016 with the purport that the Plaintiff sold the instant real estate to the Intervenor in the form of KRW 110 million, and both of the intervenors signed and sealed by the Plaintiff and the Intervenor. The Intervenor borrowed KRW 26.8 million from the Plaintiff and borrowed the said money from the Plaintiff and paid interest to the Plaintiff by June 30, 2016, with the signature and seal of both of the intervenors (hereinafter “the instant loan certificate”).
(2) On March 29, 2016, the Intervenor entered into a trust agreement with the Defendant, including the Defendant preserving and managing the instant real estate, and realizing and settling it at the time of the Intervenor’s nonperformance of obligation, in order to secure the performance of obligation owed by the Intervenor to the Seongdong-dong Saemaul Depository (hereinafter “instant safe”).
Under the instant security trust agreement, the instant safe was designated as the first priority beneficiary.
3) On March 31, 2016, the registration of transfer of the ownership in the name of the intervenor was made on the ground of sale on February 22, 2016 with respect to the instant real estate on March 31, 2016, and thereafter, the registration of transfer of ownership in the name of the defendant was made on the ground of the instant security trust agreement. 4) The instant credit cooperative deducted KRW 422,200,000 from the amount of loans to the intervenor 63,00,000, less KRW 62,57,800, including revenue stamps, from the amount of loans to the intervenor on March 31, 2016.