사해행위취소 등
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On February 21, 2014, the Plaintiff entered into a contract with D Co., Ltd. (hereinafter “Nonindicted Company”) to purchase KRW 370 square meters for KRW 150,000,000,000 (hereinafter “instant sales contract”), and paid the purchase price in full to C, the representative of the Nonparty Company (hereinafter “Nonindicted Company”).
B. On May 27, 2014, C transferred the right to collateral security to the Defendant as to the real estate stated in paragraph (1) of the attached Table No. 1 (hereinafter “instant contract for assignment of claims”), and on the same day, C filed a registration of collateral security with the Defendant under Article 35678 of the receipt of the registration office of the senior branch court of the District Court of Loyang branch court.
C. In addition, on June 18, 2014, C entered into a pre-sale agreement with the Defendant on the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant pre-sale agreement”), and on the same day, C issued a registration of the right to claim ownership transfer under Article 41275 on the real estate listed in paragraph (2) of the attached Table No. 41275 to the Defendant.
On the other hand, the Plaintiff filed a lawsuit claiming for damages (i.e., the primary defendant and the non-party company as the conjunctive defendant, and claimed that the instant sales contract was concluded by the deception of C (hereinafter “related cases”), and that “C and the non-party company shall jointly and severally pay KRW 180 million to the Plaintiff by July 31, 2015” on February 2, 2015.
【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 6, 7, and 16, and the purport of the whole pleadings
2. Determination on the legitimacy of the instant lawsuit
A. The Plaintiff asserts the right to claim damages against C for a tort as the preserved claim, and seeks the revocation and restitution of the assignment of the claim and the reservation of the sales contract of this case. Accordingly, the Defendant’s claim against C is the assignment of claim of this case and the assignment of claim of this case.