사해행위취소
1. The part of the first instance judgment against the Defendants shall be revoked.
2. Each lawsuit against the Plaintiff’s Defendant F and P respectively.
1. On January 5, 2011, the Plaintiff filed a payment order with R to pay the Plaintiff KRW 37,911,884, and KRW 26,656,879, the Plaintiff received a payment order with the purport that “The Plaintiff shall pay the Plaintiff an amount equivalent to 17% per annum from January 4, 2011 to the date of full payment” (Seoul East Eastern District Court Decision 2011j. 364), and the above payment order was finalized around that time.
(2) On February 16, 2015, R completed the registration of transfer of ownership as to the real estate No. 1 (hereinafter “real estate No. 1”) indicated in the separate sheet to Defendant B, one of his children, based on the gift agreement (hereinafter “instant gift agreement”) dated February 16, 2015, for the claim based on the above payment order (hereinafter “this case’s transfer of ownership”).
(2) On December 26, 2001, R completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of the second real estate shares”) on December 26, 2001 with respect to the share of 562/13091 in the attached table No. 2 (hereinafter “second real estate of this case”) to Defendant F on the ground of the pre-sale agreement as of December 26, 2001.
R on April 24, 2006, on the ground of the pre-sale agreement, on April 24, 2006, with respect to the share of 2953/4606 shares among the third real estate listed in the attached Table No. 3 (hereinafter “third real estate of this case”) on the part of the defendant P, the registration of the provisional right to claim the transfer of the entire share was completed as No. 10242 on April 25, 2006.
(hereinafter “Provisional Registration of Shares 3 in Real Estate.” R was in the insolvent state at the time of the transfer registration of ownership due to the instant gift agreement, whose value exceeds the value of positive property, and the same is also applicable at the time of the closing of argument in the instant case.
On January 26, 2018, the Plaintiff was pending in the first instance court, and R R to the Intervenor succeeding to the Plaintiff.