사해행위취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
The Plaintiff on the summary of the case and the procedure is the obligee against F, and ① the Defendant took over from C to C a coffee shop (hereinafter referred to as “E”; hereinafter referred to as “instant coffee shop”) or ② the Defendant sought compensation for value along with its revocation by means of fraudulent act against the Plaintiff.
On this issue, the defendant paid the premium to C, and took over the coffee shop in this case, and even if the act of takeover of coffee shop constitutes a fraudulent act, it is obvious that the subsequent purchaser did not give bad faith to the defendant.
The summary court of the procedure conducted the examination of evidence on the documentary evidence submitted by both sides while proceeding on the date for pleading twice after the date for preparatory pleading.
(2) On the second date for pleading, C has tried in parallel with the case of Defendant 2020da5426). The purport of the entire argument is to show the issues of the instant case, which led to the following judgment as to ① false conspiracy, ② false representation, and ② the good faith of the Defendant, who is a subsequent purchaser.
Judgment
Based on the documentary evidence submitted by both parties of the basic facts on the issue, I can recognize the following basic facts concerning the issue of the case:
The Plaintiff’s claim against F has the claim against F in notarial deeds (No. 78, 2017 No. 2017, Sept. 1, 2017) that the Plaintiff is paid in 24 installments in the amount of KRW 47 million, KRW 17 million on July 20, 2017, and KRW 12.50,00 from February 1, 2017 to January 2019.
C’s process of taking over the instant coffee and entering into a lease agreement from F on August 14, 2017, acquired the instant coffee shop in KRW 15 million from F.
C On the same day, the lessor entered into a lease agreement with the lessor with the amount of KRW 10 million per month and KRW 700,000 per month for the H and coffee shop and he also remitted the deposit.
The defendant's assignment of the coffee of this case and the same.