사해행위취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
1. Basic facts
A. The Plaintiff’s claim 1) The Plaintiff’s Geum River Co., Ltd., Ltd. (hereinafter “Gyeong River”) between Defendant and Defendant C during November 2014.
(2) On May 9, 2016, the Plaintiff claimed insurance money from the Plaintiff on November 19, 2016, as well as KRW 100,000,00, and the insurance period from November 18, 2015, upon entering into a contract with the Geum River as a performance guarantee insurance contract to guarantee the price for the goods that C is required to pay to Geum River upon entering into the contract with the Geum River. (2) The Geum River became unable to pay the price for the goods after failing to pay the price for the goods from January 2015, and the Plaintiff paid the insurance money to the Plaintiff on June 29, 2016 upon the said claim.
B. On August 26, 2015, the sales contract C between C and the Defendant sold each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant at KRW 120 million (hereinafter “instant sales contract”); and on September 2, 2015, the Defendant completed the registration of ownership transfer as the receipt of Samcheon District Court Samcheon Branch Registry No. 10068 on September 2, 2015.
【Ground for recognition】 The fact that there has been no dispute, Gap’s evidence 1 through 4, Gap’s evidence 5-1, 2, Gap’s evidence 7-1, 2, Eul’s evidence 12-1, 2, and the purport of the whole pleadings
2. The plaintiff's assertion has a claim for reimbursement against C.
Since the sales contract of this case was concluded by C in excess of its obligation and the common creditors' joint collateral has decreased further, it should be revoked as a fraudulent act, and the defendant is obliged to pay 5,733,000 won and damages for delay to the plaintiff by restitution.
3. Determination
A. The court's explanation on this part of the existence of the preserved claim is "a judgment on the claim against Defendant A" among the grounds of the judgment of the court of first instance.
Since "paragraph" is the same as the entry, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
B. As to this part of this Court's fraudulent act.