사해행위취소
1. The transaction reservation entered into on August 31, 2012 with respect to the real estate listed in the separate sheet between the network C and the Defendant A is as D.
1. Facts of recognition;
A. The Plaintiff holds claims against the deceased C (hereinafter “the deceased”) based on the Busan District Court Decision 201Da23923 decided Feb. 10, 2012 (Final Decision 201Gadan23923 (Final Decision), and the amount of the reimbursement is set at KRW 200 million.
B. On August 31, 2012, the Deceased owned the real estate indicated in the separate sheet (hereinafter “instant real estate”), and on August 31, 2012, the Defendant A completed the registration of the right to claim transfer of ownership on the ground of the establishment of a neighboring mortgage agreement concluded on August 31, 2012, which was concluded by the debtor, Defendant A, the maximum debt amount of which was KRW 60,000,000,00 for the reasons for registration, and the registration of the right to claim transfer of ownership was completed against the Defendant A on the same day.
C. The Deceased died on November 20, 2013. As of February 7, 2014, the ownership registration based on the above provisional registration was completed on the ground of the sales contract (hereinafter “instant sales contract”) as of February 5, 2014, on the following grounds: (a) the ownership registration based on the above provisional registration was completed in the D’s future, a minor child of the Deceased, as of February 7, 2014; and (b) the principal registration based on the above provisional registration was completed.
(B) Defendant B, the legal representative, as the former wife of the deceased and the mother of D, who is the child of his chain, represented by the application for each of the above registrations.
On February 24, 2014, Defendant A, the obligor Defendant A, the maximum debt amount of KRW 70,000,000, and the establishment registration was completed due to the contract concluded as of February 24, 2014 for the cause of registration as of February 24, 2014. The following was sold to E, and the registration was cancelled on March 31, 2014 due to the termination of the contract as of March 27, 2014.
E. Defendant A entered into a sales contract with E on March 27, 2014, and completed the registration of ownership transfer on March 31, 2014 with full payment of KRW 133,00,000 for the purchase price.
F. The above sales amount is above B.
The registration of provisional seizure (the claimed amount shall be KRW 30,000,000, and the Busan District Court Order 2014Kadan1686, March 6, 2014) conducted by Defendant A F’s creditor F.