사해행위취소
1.(a)
The purchase and sale reservation entered into on July 1, 2016 with respect to attached real estate between Defendant A and C is 7,618.
1. On June 1, 2015, C had suspended business on June 1, 2015, and paid wages and retirement allowances to the E, etc. eight persons, while operating a personal workplace called “D” at the location of the attached real estate.
From July 28, 2016 to 18 persons E, pursuant to the Wage Claim Guarantee Act.
9.6.3 times, a substitute payment of KRW 77,618,600 was made.
As to the attached real estate owned by Defendant C, the Defendant Co., Ltd. completed the registration of the right to claim transfer of ownership on the ground of the purchase and sale reservation made on July 1, 2016, and the Defendant B, the representative of the Defendant Co., Ltd., was
8. After completing the supplementary registration prior to the above provisional registration on the 19th day of the same month, the principal registration of transfer of ownership is completed on the ground of sale (transaction value of KRW 4 billion).
After the registration of transfer of ownership, the maximum debt amount of KRW 2.16 million, KRW 12 billion, KRW 500 million, and KRW 500 million, which was established on the attached property following the registration of transfer of ownership, were cancelled by the termination of the right to collateral security.
At the time of the provisional registration and the principal registration, C was in excess of its obligation with no particular property other than attached property.
2. According to the above facts, there was a legal relationship that serves as the basis for the establishment of the Plaintiff’s claim for indemnity against C at the time of the instant purchase and sale promise or sales contract, and there was a high probability for the establishment of the claim for indemnity based on such legal relationship in the near future. In fact, the Plaintiff’s claim for indemnity against C is a preserved claim for the obligee’s right of revocation, inasmuch as the Plaintiff’s claim for indemnity was realized by paying substitute payment to E, etc. in fact, and the Plaintiff’s claim for indemnity against C is established
Unless there are special circumstances, the debtor's act of selling real estate which is one of his own property and replacing it with money which is easy for him to consume is a fraudulent act against the creditor.
The defendants input not less than 4 billion won attached real estate without knowledge of the overdue interest, such as C's wages, etc.