사해행위취소
1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. C leased the real estate listed in the separate sheet from B (hereinafter “instant apartment”) with the lease deposit of KRW 150 million, and the lease period from October 24, 201 to February 28, 2014.
(hereinafter “instant lease agreement”). B.
On November 11, 2011, the Plaintiff concluded an insurance contract with C on security deposit for lease deposit to guarantee the payment of the obligation to return lease deposit under the instant lease agreement.
C. Upon the termination of the instant lease agreement, C filed a claim for insurance proceeds with the Plaintiff on April 11, 2014, as only a part of the lease deposit received from the lessor B, and the remainder was not paid. The Plaintiff paid KRW 30 million of the insurance proceeds on May 9, 2014 to C.
B completed the registration of transfer of ownership as to March 10, 2014, which was received on the ground of the sales contract on February 4, 2014, to the Defendant, the Suwon District Court's Suwon District Court's Registration Office was completed on March 10, 2014.
[Ground of recognition] Unsatisfy, entry of evidence A1 to 5, purport of the whole pleadings
2. The parties' assertion
A. The sale of the apartment of this case, which is the only property of the Plaintiff’s assertion B, to the Defendant constitutes a fraudulent act by damaging joint security against the general creditors, including the Plaintiff.
B. The Defendant’s assertion B demanded that D purchase the apartment house of this case at the market price, which was difficult to refund the lease deposit to C, who is the lessee. D purchased the apartment house of this case at the market price after the Defendant entered the Defendant, who is the spouse, with the Defendant, and used some of the purchase price to repay the secured debt of the Han Bank, a stock company, which was established on the apartment of this case, and used the remainder of KRW 120 million to repay part of the lease deposit to C, who is the lessee. It does not constitute a fraudulent act, and the Defendant was unaware of the fact that B bears another obligation.
3. Determination A.