사해행위취소(가액배상)
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On September 1, 2015, the Plaintiff’s summary of the Plaintiff’s assertion was divided into D on June 13, 2016, with a size of 4,644 square meters among the land above 11,008 square meters in Dong-gu, Dong-do, Seoul Special Metropolitan City prior to the subdivision.
(hereinafter referred to as the “instant land”) signed a service agreement with B, the owner of which is the owner of the instant land, to be entrusted with various duties necessary for selling the said land to the site of electric source, and upon completion of the delegated duties, B has the claim for remuneration of KRW 100 million as stipulated in the said agreement with respect to B.
However, B completed the registration of ownership transfer on the ground of sale in the future of the defendant, who is the only real estate under excess of debt.
Therefore, the above sales contract is a juristic act detrimental to the plaintiff, who is the creditor, and thus should be revoked, and the defendant is obligated to pay the plaintiff the amount of KRW 100 million with compensation for damages for value.
2. First of all, we examine whether the Plaintiff has a remuneration claim of KRW 100,000 as a result of the delegated clerical work with respect to B.
Comprehensively taking account of the purport of Gap evidence No. 2 and the entire argument, the plaintiff may recognize the fact that the plaintiff entered into a service contract with the following contents (hereinafter “instant service contract”) on September 1, 2015.
In terms of indication - Place of the object to be leased: The purpose of this contract is to facilitate project implementation and successful completion of the relevant project by providing the Plaintiff with professional project planning and consultation, etc. by performing the duties of PM (including the duties incidental thereto) of the above development project, which is prescribed in Article 1 (1) of the same Act, the actual project area of 11,008 square meters (3,30 square meters): - The actual project area of 5,242 square meters (1,585.7 square meters); - the exclusion area of 1,752 square meters (1,58.7 square meters);
Article 2 (Scope of Business Activities) The scope of businesses to be conducted by the Plaintiff shall be as follows:
1. Overall control over development;
2. Counselling on and investigating the overall project;
3. Seeking business promotion plans;
4. Planning of sale and marketing;
5. Designation of an agency for parcelling-out;