사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Facts of recognition
The relationship between parties D is the representative director of E, and C is the representative director of F, and D and C are couples.
The Plaintiff and E and F Co., Ltd. were endorsed in sequence D and C, their wife, in the promissory note in the face value of KRW 110,000,000 issued on January 27, 2012. The Plaintiff is holding the said promissory note.
F Co., Ltd. endorsed to the Promissory Notes Co., Ltd. in the face value of KRW 67,400,000 issued on April 30, 2012, and the Plaintiff holds the said Promissory Notes.
F Co., Ltd. holds a promissory note of KRW 120,232,00 at par value issued on July 9, 2012.
F Co., Ltd. endorsed to the Promissory Notes in the face value of KRW 65,400,000 issued on September 4, 2012, and the Plaintiff is holding the said Promissory Notes.
C sold the instant real estate in excess of the debt, and on August 1, 2012, the Defendant sold the instant real estate to the Defendant, who is the type of D, and completed the registration of ownership transfer in its name on September 25, 2012.
【In the absence of any dispute, the Plaintiff’s assertion as to the existence or absence of a preserved claim as a whole, and the Plaintiff’s assertion as to the existence or absence of a preserved claim as to Gap’s evidence Nos. 1 through 5, and the entire purport of the pleading, is issued with a promissory note of KRW 363,03,00,00 from E and F, and the Plaintiff lent money equivalent to the same amount to Eul and D as the actual operator of the above two companies. The Plaintiff’s assertion as to C’s exercise of the obligee’s right to revoke the sale and purchase of the pertinent real estate
Judgment
The fact that the Plaintiff received a promissory note totaling KRW 363,00,000 from E and F Co., Ltd. is as shown above. According to the evidence Nos. 7, 8, and Eul evidence Nos. 3, and witness G and D’s testimony, C filed a petition for bankruptcy with the Gwangju District Court No. 2013Hadan1925 around August 2013, and C filed the petition for bankruptcy on February 10, 2014.