사해행위취소
1. The part concerning the claim for cancellation of the sales contract among the instant lawsuit is dismissed.
2. The plaintiff's remaining parts against the defendants.
1. Basic facts
A. By March 4, 2012, the Plaintiff lent a total of KRW 290 billion to Nonparty F and E.
On March 4, 2012, F and E: (a) repaid to the Plaintiff the sum of the principal and interest accrued until July 6, 2012 on the said principal and interest accrued thereon, up to July 6, 2012; and (b) as a security, offered to the Plaintiff a certificate of commitment that the Plaintiff would offer 60 billion Won for the Guri-si G reply as security at an amount of 5 million won per square year (hereinafter referred to as “instant claim”); and (c) drafted and issued the Plaintiff’s F and E’s claim against the Plaintiff based on the said certificate of commitment.
B. On October 15, 2010, Defendant B, who is the owner of the above F, filed a provisional disposition against E (hereinafter “instant provisional disposition”) on March 9, 2012 by receiving a provisional disposition (hereinafter “instant provisional disposition”) with respect to each of the instant real estate upon receipt of the said provisional disposition order (hereinafter “instant provisional disposition”) with respect to each of the instant real estate on the same day, for which Defendant B filed a claim against E for ownership transfer registration based on a payment in substitutes contract (hereinafter “instant payment in substitutes contract”) as a preserved right.
C. On November 17, 2009, H completed the registration of each provisional seizure with the claimed amount of KRW 170,250,000 for each of the instant real estate. On March 12, 2012, H obtained a decision of provisional seizure of KRW 29,000,000 (Seoul Eastern District Court 201Kadan1776) with respect to each of the instant real estate owned by E in order to preserve the instant claim. On the same day, H completed the registration of provisional seizure (hereinafter “provisional seizure”).
1) On July 5, 2013, Defendant C and D agreed to purchase each of the instant real estate from Nonparty E with a view to KRW 690 million. Defendant C and D succeeded to KRW 220 million of the lease deposit for each of the instant real estate, and deducted the said lease deposit amount from the said purchase amount. The deposit amount of KRW 70 million of the lease deposit was on the date of the contract, and the intermediate payment of KRW 10 million was paid on July 30, 2013, and the remainder of KRW 300 million from September 16, 2013. (2) Defendant C and D agreed to pay KRW 60 million of the said down payment.