사해행위취소
1. As to real estate listed in the separate sheet:
A. On July 21, 2016, between Nonparty D and the Defendants (each equity of 1/2) were concluded.
1. Basic facts
A. On June 9, 2015, the Plaintiff leased 100 million won to Nonparty E on September 9, 2015.
B. On July 21, 2016, E concluded a sales contract with the Defendants on the real estate stated in the separate sheet (F, H apartment 102 Dong 103, 103, hereinafter, the instant real estate), the only property of the Defendants and G, with the Plaintiff, with the purchase price of KRW 370 million (hereinafter, the instant sales contract), and completed the registration of ownership transfer with each of the Defendants on the same day.
C. Before the instant sales contract was concluded, the establishment registration of the instant real estate was completed: ① the maximum debt amount of KRW 310 million on March 3, 2016; ② the establishment registration of the neighboring agricultural cooperatives organized by the mortgagee of the right to collateral security; and ② the maximum debt amount of KRW 60 million on March 21, 2016; ② the mortgagee I; and the obligor E, respectively.
On July 28, 2016, the Defendants completed the registration of change of the right to collateral security with the debtor as Defendant B on the ground of acceptance of the contract on July 28, 2016, and completed the registration of cancellation of the right to collateral security on July 21, 2016.
[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, Gap 3-1's evidence, the whole purport of the pleading
2. Determination
A. The conclusion of a sales contract with the Defendants on the instant real estate, the sole property of which the obligor E was a fraudulent act, constitutes a fraudulent act as it causes a decrease in liability to the general creditor. The Defendants, the other party to the fraudulent act, are presumed to have been aware of such fact.
B. At the time of the instant fraudulent act, the scope of revocation of the fraudulent act was limited to the instant real estate at the time of the instant fraudulent act, and the fact that each of the instant real secured liabilities was 308,940,000 won, including 268,021,029 won and 40,920,000 won, does not conflict between the parties.