사해행위취소 등
1. Defendant B received on July 15, 2013 from Nonparty D with respect to the real estate listed in the separate sheet.
1. Basic facts
A. The Plaintiff is a clan consisting of descendants of E, and D is a member of the Plaintiff’s clan from January 201 to January 2014, and Defendant B is a member of the Plaintiff’s clan, and Defendant C is a wife of D, and Defendant C is a father of D.
B. The Plaintiff’s claim 1) On March 28, 2013, the Plaintiff is the Korea Electric EpPP Co., Ltd. (hereinafter “SP”) (hereinafter “SP”).
B) A sales contract was concluded between the Plaintiff and the Plaintiff to sell KRW 1,677,00,000 for the purchase price of KRW 1,677,000 (hereinafter “instant sales contract”).
(2) On April 22, 2013, the non-party company paid to the Plaintiff KRW 167,700,000 as the down payment, and KRW 1,402,90,000 as the intermediate payment, etc. on April 26, 2013 and April 30, 2013, respectively. (2) Thereafter, the non-party company paid KRW 298,00,000 to the Plaintiff on April 25, 2014 under the instant sales contract. Since the term of office as the representative of the Plaintiff expired, the non-party company paid KRW 298,00,000 to the Plaintiff at his/her own discretion, using the account in the name of the Plaintiff whose name the sales amount is deposited under the instant sales contract even after the expiration of the term of office as the representative of the Plaintiff, and distributed KRW 298,00,000 in cash, including the previous deposit balance of KRW 133,000,00.
3) Accordingly, the Plaintiff filed an application for payment order seeking payment of KRW 298,133,00 and damages for delay with respect to D as compensation for tort caused by embezzlement by the Naju District Court Decision 2014Da390, Gwangju District Court, and the said court issued a payment order on July 16, 2014, which became final and conclusive on August 1, 2014 after the delivery to D on July 17, 2014 (hereinafter “instant damage claim”).
(C) On the other hand, on July 15, 2013, the Plaintiff filed a complaint against D as embezzlement, and the prosecution indicted D on November 14, 2014 as embezzlement. D’s disposal act of the instant real estate between D and Defendant B (i) the Defendant B on July 15, 2013.