사해행위취소
1. A sales contract concluded on November 22, 2016 between Defendant B and E with respect to the size of 760 square meters and G road of 323 square meters, which was concluded on July 22, 2016.
1. Facts of recognition;
A. On April 2, 2015, the Plaintiff filed a payment order with E as Seoul Central District Court No. 2015 tea14801, the Plaintiff received an order from the above Seoul Central District Court to pay the Plaintiff KRW 178,401,171 as well as KRW 162,921,406 as to the Plaintiff’s KRW 17% per annum from February 26, 2015 to the service date of the original copy of the payment order, and KRW 20% per annum from the next day to the day of complete payment. The said payment order was finalized on April 24, 2015.
B. (1) On November 22, 2016, E is deemed to be the “land No. 1” of this case between Defendant B (former name C) and 760 square meters prior to Macheon-si (hereinafter “instant land”).
) and G road 323 square meters (hereinafter “instant land”) are “each of the instant land”, including the instant land Nos. 1 and 2.
2) As to the sales contract for KRW 95,820,000 (hereinafter “instant sales contract”)
(B) The registration of ownership transfer under the receipt No. 45326 of November 22, 2016 (hereinafter “instant registration of ownership transfer”) is concluded against Defendant B on the ground that it was based on this.
2) On the same day, E entered into a sales contract of KRW 148,453,00 with respect to 1,687 square meters (hereinafter “instant adjacent land”) prior to Y on the same day with H, and H completed the registration of ownership transfer as of November 22, 2016 by the receipt of No. 45327, Nov. 22, 2016 of the same registry office. However, the above H is the child-friendly relationship between the Defendant’s husband.
C. After that, Defendant B entered into a promise to sell and purchase the instant land with Defendant D on December 6, 2016 and a sales contract on February 6, 2017 (price of KRW 86,00,000), respectively, and Defendant D entered into a provisional registration for the right to claim ownership transfer (hereinafter “the provisional registration of this case”) as the receipt of No. 47396 on December 6, 2016 by the Jung-gu District Court’s Sucheon Registry on the ground of such agreement with Defendant D, and as the receipt of No. 8420 on March 7, 2017 by the same registry office (hereinafter “the principal registration based on the provisional registration of this case”).
E at the time of the instant sales contract.