사해행위취소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 13, 2010, the Plaintiff filed a claim for reimbursement against C (Seoul Central District Court Decision 2010Da31592), the Plaintiff was sentenced to the judgment that “C shall pay to the Plaintiff 27,519,550 won and the amount calculated by the rate of 19% per annum from January 16, 2010 to February 9, 2010, and 19% per annum from the next day to the date of full payment” and the above judgment was finalized on June 8, 2010.
B. Around May 2, 2014, Defendant A entered into a sales contract with D to purchase KRW 32,500,000 between D and D, by setting the purchase price as KRW 32,50,00,00 with respect to Nos. 103, 502, and paid KRW 10,000 to D on May 2, 2014.
C. Meanwhile, a notarial deed is prepared between the former District Prosecutors’ Office’ Office No. 23 in 2009, and C on February 4, 2009 and F on February 4, 2009, to provide F with KRW 14,000,000 (hereinafter “instant lease deposit refund claim”) regarding the said apartment as security for transfer to F.
On May 2, 2014, regarding the above apartment building, the registration of change of the mortgage was completed for the debtor to the defendant A as to the registration of transfer of ownership, the maximum debt amount of June 5, 2014 15,90,000, and the registration of change of the mortgage that changed the debtor to the defendant A.
Defendant B completed the registration of ownership transfer on January 7, 2015 with Defendant A’s birth.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings
2. The Plaintiff’s assertion and the Plaintiff’s determination as to the Plaintiff’s assertion, arguing that, while Defendant A purchased KRW 32,500,000 from the purchase price, only paid KRW 10,000,00 in the purchase price, and thereafter, the registration of ownership transfer in the future, C transferred to Defendant A the instant lease deposit refund claim to Defendant A from D and A offset it by the purchase price.