사해행위취소
1. As to each real estate listed in the separate sheet:
(a) Between the Defendant and C, a pre-sale agreement entered into on February 10, 2014.
1. Basic facts
A. On February 24, 2009, the Plaintiff loaned C a total of KRW 310 million on November 16, 201, KRW 16,000,000,000 on January 6, 2012, KRW 24,100,000 on January 24, 2013, KRW 10,000 on August 5, 2013, KRW 50,000 on August 1, 2013, and KRW 310,000,000 on July 1, 2013.
B. On February 10, 2014, C concluded a pre-sale agreement (hereinafter “instant pre-sale agreement”) with the Defendant with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”), and on February 28, 2014, C completed the provisional registration of the right to claim ownership transfer stated in Section 1(b) of the Disposition against the Defendant (hereinafter “instant provisional registration”).
C. The defendant is between C and South Korea.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition of preserved bonds, the Plaintiff has a loan claim against C by lending a sum of KRW 310 million from February 24, 2009 to July 1, 2013, and the above loan claim is arising prior to the conclusion of the instant promise to sell and purchase. Thus, the obligee’s right of revocation is subject to preservation.
B. In light of the evidence revealed prior to excess of C’s obligation, as a result of the fact-finding conducted by the head of Gangnam-gu, this court’s order to submit each of the financial transaction information to the remaining Seoul Agricultural Cooperatives and the Korea Exchange Bank, as well as the overall purport of the pleadings, C’s active property at the time of the conclusion of the instant promise to sell and purchase the instant real estate, and the details of the small property are as follows. As such, C is in a state of insolvency in excess of positive property at the time of the conclusion of the instant promise to sell and purchase the instant real estate. As such, C is deemed to have in a state of insolvency in excess of positive property at the time of the instant promise to sell and purchase the instant real estate. The maximum amount of the property value indicated as collateral and the actual secured claim amount of the instant real estate totaled KRW 1,192,0
1. South Agricultural Cooperatives: (1) The maximum debt amount of KRW 84,000,000; and