사해행위취소등 청구의 소
1. A sales contract concluded on December 20, 208 between the defendant and C on the real estate stated in the separate sheet between the defendant and C.
1. Facts of recognition;
A. C Co., Ltd. (hereinafter “Nonindicted company”) completed the registration of ownership preservation of the above apartment on February 16, 2007 and began to sell the above apartment since May 2007.
B. On October 28, 2009, the Plaintiff applied for a payment order against the non-party company, etc. with Seoul Western District Court Decision 2009Da11527, and the above court issued an order to pay 390,000,000 won to the Plaintiff jointly and severally with the non-party company E, F, and G, and the amount calculated by the rate of 24% per annum from November 1, 2008 to the date of full payment. The above payment order was finalized on November 27, 2009.
C. On January 20, 2009, the non-party company completed the registration of transfer of ownership on the ground of sale on December 20, 2008 (the trading price of KRW 123,200,000,000; hereinafter “the instant sales contract”) on the real estate stated in the attached list (hereinafter “the instant apartment”) to the defendant, who is a father of the I in a de facto marital relationship with H, a director.
At the time of the above sales contract, the non-party company owned apartment bonds of the above D apartment 101, 9, 102 and 21, including the above D apartment bonds at the time of the above sales contract. However, the market price of the above 100,000 won was about KRW 122,300,000,000 ( KRW 123 billion x 30,000), but the non-party company was insolvent in excess of its obligations such as bearing a number of debts other than the above 390,000 won against the plaintiff, and eventually closed on October 31, 2009.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, 9 through 38 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination on the cause of the claim
A. (i) According to the fact that the right to revoke the fraudulent act was established, the Plaintiff’s loan claims against the non-party company at the time of the instant sales contract between the non-party company and the Defendant.