사해행위취소 등
1. The sales contract concluded on November 19, 2012 between the Defendant and C is revoked.
2.
1. Basic facts
A. The Plaintiff’s preserved claim 1) On February 11, 2011, the Plaintiff is limited to D reconstruction Association (hereinafter “Association”) with No. 2011 other bonds 1378 of this Court.
(2) Of the claims against C, the Plaintiff received the order of seizure and collection as to KRW 95,254,960, among the claims against C, and the above order was served to C on April 20, 2011. (2) On January 9, 2013, the Plaintiff was sentenced to the judgment that “C shall pay to the Plaintiff the amount calculated at the rate of KRW 95,254,960 per annum from November 11, 2012 to the date of full payment,” and the above judgment became final and conclusive around that time.
B. On September 14, 2011, the Defendant’s mother’s mother: (a) prepared a notarial deed of a monetary loan agreement between C and C on September 14, 2011, under the No. 707 of the No. 2011, Sept. 14, 2011; and (b) lent F the amount of debt KRW 90,50 million on September 15, 201; and (c) E and F set the amount of debt at KRW 90,50,000 in the said notarial deed (the Defendant claimed that the principal amount be KRW 80,50,050 and interest KRW 10,000 until March 31, 2012; and (d) C jointly and severally guaranteed the obligation of F.
C. 1) Real estate listed in the separate sheet owned by C (hereinafter “instant real estate”) between the Defendant and C
On November 2, 2012, E entered into a contract with the Defendant to purchase the instant real estate at KRW 217 million under the Defendant’s name between C and C on November 19, 2012, where the registration of compulsory commencement of auction was completed (creditor H, I) and the registration of provisional seizure was completed on November 19, 2012 (creditor J, claim amounting to KRW 58,463,439).
(hereinafter “instant sales contract”). E and C set the balance as KRW 127 million by reducing the amount of debt on the Notarial Deed from the sales contract of this case to KRW 90 million, but they again reduce the amount of debt on the Notarial Deed to KRW 85 million, thereby reducing the amount of debt on the Notarial Deed to KRW 132 million.