사해행위취소
1. The main part of the lawsuit in this case shall be dismissed.
2. Each real estate listed in the separate sheet to the Plaintiff.
1. Facts of recognition;
A. On May 23, 2012, the Plaintiff and E sold D Co., Ltd. (hereinafter “D”) and 14,000,000,000,000,000,000 KRW 4.7 billion, and D concluded a sales contract with the Plaintiff and E (hereinafter “instant sales contract”) with the content that the remaining land out of the said 15, is transferred to the Plaintiff and E (around 1,400 repayment), and that the capital gains tax from the said land sale is also liable for the said purchase and sale (hereinafter “instant sales contract”).
B. As to each real estate listed in the separate sheet (hereinafter “instant real estate”), the Daegu District Court’s Yeongdeungpo District Court registry office, as of January 7, 2015, completed the registration of creation of the right to collateral security (hereinafter “the right to collateral security”) with the maximum debt amount of KRW 715 million, the debtor D, the Defendant B, the mortgagee of the right to collateral security (hereinafter “the right to collateral security”) as of January 7, 2015, and the registration of creation of the right to collateral security (hereinafter “the right to collateral security”) which is KRW 845 million, the obligor D, and the Defendant C, the right to collateral security (hereinafter “the right to collateral security”) as of January 7, 2015.
C. The Plaintiff and E filed a lawsuit against D seeking ownership transfer registration, unpaid purchase price, transfer income tax, loan, etc. for the land excluded from the apartment site, and the Seoul High Court rendered judgment against D, “D shall implement the procedures for ownership transfer registration with respect to each of the instant real estate portion from January 10 to February 9, 2017, including: (a) KRW 500 million per annum from January 10 to February 9, 2017; and (b) KRW 6% per annum from the next day to the date of full payment; and (c) KRW 15% per annum from the next day to the date of full payment (hereinafter “related judgment”); and (d) although D appealed appealed, the Supreme Court dismissed the appeal against D and became final and conclusive.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 11 (including those with a provisional number, but hereinafter the same) and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's primary assertion, D exceeds the debt.