사해행위취소
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning for the court’s explanation on this part of the basic facts is as stated in the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. As of the date of concluding each of the instant quasi-Loan Loan Agreements, the Plaintiffs asserted that the Nonparty Company had a claim for indirect compulsory performance of KRW 70 million against the Nonparty Company based on the instant order of indirect compulsory performance, and the Plaintiff’s management body additionally owned the claim for unjust enrichment return or damage claim equivalent to the aggregate of the service charges that the Nonparty Company voluntarily paid to the Defendant from January 2012 to March 3, 2014, which is the date of concluding the instant quasi-Loan Loan Agreement, or from March 7, 2014, which is the date of concluding the instant quasi-Loan Loan Agreement, from March 7, 2014, which is the date of concluding the instant quasi-Loan Loan Agreement.
However, the non-party company, which was in excess of the debt, concluded each of the quasi-loan agreements of this case in collusion with the defendant in order to obstruct the plaintiffs' compulsory execution despite the absence of the debt owed to the defendant, and prepared a notarial deed, so each of the quasi-loan agreements of this case shall be revoked as it constitutes fraudulent
3. The reasons why the court should explain this part of the defense prior to the merits are as stated in the corresponding part of the judgment of the court of first instance, except for the use of section 12, section 13, section 13, section 13, and section 20, section 13, of the judgment of the court of first instance as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
1) As to the assertion that the resolution of the management body meeting was defective, the necessity for the resolution of the management body meeting (a) (in filing a lawsuit concerning the jointly owned property by an unincorporated association, the resolution of the general meeting of members shall be required unless there are special circumstances, such as the articles of association otherwise stipulated, and thus, barring such special circumstances, the lawsuit brought without the resolution of the general meeting of members is unlawful as