사해행위취소
1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
2. After an appeal is filed.
1. Basic facts
A. The Plaintiff is a person operating a company that collects and transports bio-fabs, etc. among animal by-products with the name of N, and the Defendant is the representative of B who engages in the wholesale business of meat by-products.
D is a person who has operated a business entity that sells bio-finites, etc. among animal by-products with the trade name of G, and H is a person who has operated G with the husband of D.
B. On February 6, 2015, the Plaintiff and D’s transactional relationship 1) and D are supplied with approximately 13 to 15 tons of cattle, pigs’s raw fat, by-products, etc. from D on a daily basis, but the Plaintiff shall pay D the advance payment of KRW 650,000,000 to D, and D shall obtain and deliver the performance guarantee insurance policy as security for the said advance payment to the Plaintiff (hereinafter “instant supply contract”).
(2) After the conclusion of the instant supply contract, the Plaintiff paid KRW 650,00,00 to D with the advance payment, but notified D that D may urge D to perform its obligations and rescind the instant supply contract on September 10, 2015, if D did not supply the living area, etc. as agreed by D and the performance guarantee insurance policy was not issued.
Nevertheless, D did not perform its obligations on November 27, 2015, the Plaintiff notified D of the cancellation of the instant supply contract, and requested D to return KRW 590,000,000, which is the balance of the advance payment.
C. D’s disposal of property 1) D’s two motor vehicles owned by D on November 12, 2015 (J, L, and hereinafter “each of the instant motor vehicles”).
A) B B B’s transfer registration due to a transaction made on November 10, 2015, and on November 19, 2015, the G’s collection period (hereinafter “instant collection period”) is deemed to be the entirety of the G’s collection period (hereinafter “instant collection period”) while moving the G’s office from O to P in Sungsung City where B’s branch offices are located.
2) The Plaintiff transferred B to the branch office of B (hereinafter “instant disposal act”).
2) In order to avoid compulsory execution in collusion with H, the Defendant has made a false obligation against D with the intention of evading compulsory execution.