사해행위취소
1. On March 16, 2015, a approximately KRW 104,00,00 entered into on March 16, 2015 with respect to the real estate stated in the separate sheet between the Defendant and Nonparty C.
1. Facts of recognition;
A. The Plaintiff filed a lawsuit claiming the return of the agreement with C to the effect that it terminated the partnership business agreement and agreed on the return of the investment amount (U.S. District Court 2014Gahap2668). On July 18, 2014, C between the Plaintiff and C paid to the Plaintiff KRW 260 million by November 30, 2014, and 5% per annum from the following day to January 31, 2015, and 20% per annum from the next day to the date of payment.
(B) The Plaintiff’s monetary claim against C is the investment bond of this case.
On the other hand, C had completed the registration of ownership transfer under the name of the Defendant on March 24, 2015 under the receipt of No. 56717 on March 24, 2015, on the grounds of the sales contract concluded on March 16, 2015 (hereinafter “instant sales contract”) between the Defendant, a foreign village, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).
C. Meanwhile, prior to the instant sales contract, the Ulsan District Court received on March 10, 2010, as the obligor C, the 182,910,000 won with respect to the said real estate, the maximum debt amount of which was KRW 182,910,00, the mortgagee of the right to collateral security, the mortgagee of the right to collateral security, the mortgagee of the right to collateral security, and the right to collateral security, the obligor C, the maximum debt amount of KRW 40,000,000, the mortgagee of the right to collateral security, and the right to collateral security, the mortgagee of the right to collateral security, respectively, was established on May 19, 2014. However, at the time of the instant sales contract, the secured debt against the mortgagee of the right to collateral security, the secured debt amount of KRW 165,00,000,000, and the secured debt against the
The right to collateral security was cancelled on May 17, 2017 in the name of the Saemaul Bank in the name of the mortgagee of the right to collateral security.
The market value of the instant real estate at the time of the closing of the instant argument is equivalent to KRW 310 million.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, and this Court's Ulsan Jung-gu Office.