사해행위취소
1. On September 18, 2012, Defendant B Co., Ltd and D Co., Ltd., as to forest E-forested area of 3365 square meters prior to partition.
1. Facts of recognition;
A. On May 8, 2012, the Plaintiff purchased KRW 205,000,000 from D for the purchase of KRW 271,000 (hereinafter “instant industrial land”) of KRW 271,000,000 for the purchase price of KRW 205,000,000 for forest land E (hereinafter “instant industrial land prior to the instant partition”) in the Suwon-si Suwon-si District E (hereinafter “instant industrial land”), and paid KRW 41,00,000 for the first intermediate payment on the contractual day, and paid KRW 41,00,00 for the second intermediate payment, KRW 41,00,00 for the second intermediate payment on June 20, 2012, without specifying the remainder of KRW 102,50,000 for the instant industrial land, and concluded a contract for the sale in lots of the instant land with respect to the instant divided collateral (hereinafter “D”).
According to the instant sales contract, the Plaintiff reduced the down payment of KRW 20,500,000 and the first intermediate payment of KRW 41,000,000,000, and KRW 5,000,000 among the second intermediate payment of KRW 41,00,000, and paid KRW 36,000,000.
A dispute arises between the Plaintiff and D regarding the instant parcelling-out contract, and the Plaintiff filed a lawsuit against G, the representative director of D and D, with Seoul Southern District Court 2014 Gohap10413, Apr. 22, 2014 (hereinafter “D and G jointly and severally agreed to the Plaintiff for KRW 102,358,600 and KRW 20,500,000 among them, from May 8, 2012 to May 21, 2012; KRW 36,00,000,000 from May 21, 2012 to KRW 36,00,60 from June 20, 2012; and KRW 4,858,60 from July 1, 2013 to February 10, 2014; and each of them was forced to pay the same at the rate of 20% from the next day to the next day.”
B. On September 18, 2012, Defendant B Co., Ltd. (hereinafter “B”) sold the land in dispute prior to the instant subdivision (Defendant B’s preparatory document dated July 27, 2016) to Defendant B, without paying the land in dispute prior to the instant subdivision (hereinafter “instant sale”).
On September 24, 2012, concerning the land in dispute before the subdivision of the instant case.