사해행위취소
1. Defendant H, I, and J jointly share the amount of KRW 45 million to Plaintiff A, KRW 40 million to Plaintiff B, and KRW 45 million to Plaintiff C;
1. Facts of recognition;
A. Defendant H is the representative director of N Co., Ltd. (hereinafter “Co., Ltd.” in the name of the corporation, which is the owner of the officetel “M” in Jeju, with the exception of the initial indication), Defendant I is the head of N as the wife of Defendant H, and Defendant H and I are the children of Defendant H and I.
Defendant J is a person who served as N's accounting officer.
The plaintiffs are tenants of each subparagraph of M'.
(b) In relation to M construction, no corporation shall be a company that executes part of construction works, such as Aluminum windows and glass works, with respect to M construction, and supplies building materials, such as others.
On September 8, 2008, N received a payment order to the effect that "N will pay the outstanding amount of 1.83 billion won for construction works M in the Southern Ho Lake." On September 23, 2008, when the payment order became final and conclusive on September 23, 2008, N applied for a compulsory auction on MM buildings in this court on June 8, 2009, and there was a decision to commence compulsory auction on the same day.
C. Defendant H’s imprisonment with prison labor for three years and six months, Defendant I’s imprisonment with prison labor for two years, the community service order, and Defendant J’s imprisonment with prison labor for one year and six months, respectively, and the judgment became final and conclusive.
(Supreme Court Decision 2013Da1429 Decided August 8, 2014; Supreme Court Decision 2014No418 Decided January 22, 2015; Supreme Court Decision 2015Do2272 Decided May 28, 2015). Defendant H had a duty to inform the lessee of the fact that there was a decision to commence compulsory auction on the said building, on the ground that Defendant H had a decision to commence compulsory auction on the said building, in order to enter into a lease contract on the said building, Defendant H had a duty to inform the lessee of the fact that there was a decision to commence compulsory auction on the leased object.
Nevertheless, Defendant H did not notify the lessee of the above decision of compulsory commencement of auction, which is the chief managing officer, and Defendant H instructed the lessee to enter into or renew the lease contract. Defendant I and Defendant JI do not appear.