사해행위취소
1. Defendant C Co., Ltd, limited liability D, limited liability Company G, and H are jointly and severally liable to Plaintiff A for KRW 390,000,000, and Plaintiff B.
The facts of recognition are that Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company that engages in construction business, etc., and Defendant D Co., Ltd. (hereinafter “Defendant D”) is a company that engages in soil construction business, etc.
On January 3, 2011, Defendant C and D entered into a construction contract (hereinafter “instant construction contract”) with respect to shipbuilding works among the new construction works of the Jvalescent Hospital (hereinafter “instant building”) as stated in paragraph (4) of the attached Table Nos. 1 through (3) of the said Table on the ground (hereinafter collectively “instant land”) on the ground that Defendant C and D performed (hereinafter “instant building”), with respect to the said Defendants’ construction work amounting to KRW 746.4 million and construction period from January 10, 2011 to March 10, 201 (hereinafter “instant construction contract”).
I was prepared by the Defendant C, on November 7, 2012, a statement of agreement, stating that “The payment of KRW 640 million is to be made by January 30, 2013 in connection with the instant construction project” (hereinafter “instant statement of agreement”) was not received even after completion of the instant construction project in accordance with the said construction contract.
Defendant G Co., Ltd. (hereinafter “Defendant G”) and Defendant H jointly and severally guaranteed the above KRW 640 million obligation on the same day.
On June 15, 2009, Defendant D’s disposal act of the real estate of Defendant D entered into a pre-sale agreement with K on the instant land owned by it (hereinafter “instant pre-sale agreement”), and on the same day, on the same day, the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on the ground of the pre-sale agreement.
On July 3, 2013, K transferred the right to claim ownership transfer based on the instant purchase and sale reservation to Defendant-Limited Company E (hereinafter “Defendant E”), and on July 15, 2013, K completed the registration of transfer of the instant provisional registration with respect to the instant land.
Defendant E shall register the instant land in the form of a principal registration based on the provisional registration of this case on July 3, 2013 due to sale and purchase as of July 18, 2013.