사해행위취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts do not conflict between the parties, or are admitted in full view of the purport of the whole pleadings in Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 3, and evidence No. 7-1, and there is no counter-proof.
On October 22, 2010, the Plaintiff purchased the purchase price of KRW 625,00,000 for E and F ground G apartment 102 (hereinafter “instant apartment”) with Nonparty C (hereinafter “instant apartment”), and concluded a sales contract to pay KRW 60,00,000 for the down payment on October 22, 2010, while an intermediate payment of KRW 430,000 for the intermediate payment of KRW 430,000 for the remainder payment of KRW 135,20,000 for the remainder payment of KRW 135,20,000 for the occupancy date (hereinafter “instant sales contract”).
B. According to the instant sales contract, when the Plaintiff unilaterally wishes to cancel the instant sales contract, Nonparty C may cancel the instant sales contract by notifying the Plaintiff without taking procedures, such as peremptory notice. In the event that the instant sales contract is terminated for the foregoing reason, 20% of the total amount of the sale price shall be reverted to Nonparty C with penalty, and where it is impossible to move into within three months from the scheduled date of occupancy due to reasons attributable to Nonparty C, the Plaintiff may cancel the contract, and Nonparty C agreed to pay the Plaintiff 10% of the total amount of the supply price as penalty.
C. On October 22, 2010, the Plaintiff paid the down payment of KRW 60,000,000 to Nonparty C. On November 2, 201, the Plaintiff paid KRW 5,000,000 as part of the intermediate payment.
On November 3, 2011, Nonparty C (hereinafter “instant real estate”) completed the registration of establishment of neighboring mortgage (hereinafter “registration of establishment of neighboring mortgage”) on November 3, 201 with respect to the Defendant’s 50/2005 shares (hereinafter “instant real estate”) out of 6439 square meters in Sunam-si, Sunam-si, Suwon-si, by the receipt of the Suwon District Court Branch Branch of Sungwon-nam Branch of Sungnam Branch on November 3, 2011, and on November 22, 2011, Nonparty C completed the registration of establishment of neighboring mortgage (hereinafter “registration of establishment of neighboring mortgage of this case”). On November 22, 2011, Suwon District Court was issued with No. 30598, Hanam-nam Branch of Sungnam Branch of the Suwon District Court (hereinafter “instant real estate”).