사해행위취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On May 4, 2010, A entered into a contract with the Defendant to purchase the instant machinery on the sale, establishment of security for transfer, and transfer (1) of the instant machinery.
(hereinafter “instant sales contract”). The main contents of the contract are as follows.
1. Purchase price: 590 million won;
2. Payment of down payment: to pay the remainder 415.8 million won until June 7, 2010, and the remainder 400 million won until August 31, 2010 (the remainder shall be determined to be used by the bank funds).
3. Period of delivery: The Defendant has ownership until the price for the instant machine is fully paid in cash (Article 6. (2) shall be paid as part of the down payment on June 29, 2010 (paragraph (b) below) (the following paragraph (2) shall be issued on July 28, 2010), and the remaining down payment and any balance shall not be paid for the expiration of the delivery period.
A around that time, upon delivery of the instant machinery with the Defendant on July 30, 2010, as follows, paid to the Defendant the sales balance of KRW 486.2 million (the amount calculated by subtracting the down payment of KRW 43 million from KRW 59.4 million and the down payment of KRW 64.8 million from KRW 59.4 million), but the ownership of the instant machinery was transferred for the purpose of transfer security.
(hereinafter “instant transfer security agreement”). A and the Defendant received authentication regarding the instant transfer security agreement on August 23, 2010.
Article 2 (Period and Method of Payment) 380,000 won by August 31, 2010, and 9720,000 won each time for ten times from September 30, 201 to June 30, 2011.
Article 5 (Transfer for Security) A shall transfer the ownership of the instant machinery, the ownership of which is its owner, to the defendant by means of possession and alteration for the purpose of securing the performance of the said obligation.
(3) The Defendant paid only KRW 369 billion to the Plaintiff on August 2, 2010, and did not pay the remainder (Article 28(2) of the Plaintiff’s Act), so the Defendant’s payment of the remainder to A around February 22, 2012.