사해행위취소
1. As to the shares 2816/15901 out of each real estate listed in the separate sheet between the defendant and B, the agreement was made on February 24, 2015.
On February 24, 2015, the registration of ownership transfer was completed on February 24, 2015 with respect to the shares of 2816/15901 out of C forest land 15901 square meters in Sinju-si, and on the same day, the registration of ownership transfer was completed on the same day for the defendant, who is his father of B, on the same day.
The transaction value was reported as KRW 9,8560,000.
In addition, regarding the defendant's share on the same day, the right to collateral security of 84 million won was established in the future of the Seoul Livestock Industry Cooperatives.
After all, on November 26, 2015, the above land was divided into five land as shown in the separate sheet.
(B) The Plaintiff filed the instant lawsuit against the Defendant seeking compensation for the equivalent amount of the purchase price on the ground that the Plaintiff’s act of selling and selling B as of April 27, 2016, which was subsequent thereto, was a fraudulent act against the Plaintiff, for the following reasons: (a) the cancellation of the sales contract and the establishment of a right to collateral security; (b) the Plaintiff filed a lawsuit against the Defendant seeking compensation for the equivalent amount of the purchase price.
At the time of filing a lawsuit, B’s tax liability against the Plaintiff is as listed in Section 1 of the following table, and there was a debt of KRW 50 million to other D.
B The details of active property B around February 24, 2015, which was at the time of the sale of the instant forest, are the sum of KRW 44,659,298 as follows, and it is clear that there was a debt excess.
① Inasmuch as one-fourth share (1/4, 390 square meters) in C/C/ 15901 square meters in women’s forests and fields, on August 14, 200 before the Plaintiff sold to E, the wife, one-third share (1/12 share in total) out of one-fourth share in his/her own share on August 14, 200, the Plaintiff disposed of the seizure of B’s share as of November 14, 1996, the effect of the seizure prohibition shall be calculated as one-fourth share in relation to the Plaintiff pursuant to the effect of the seizure prohibition.
: 250,8350,000 won shall be calculated on the basis of the proceeds from the sale previously disposed of by public auction.
Meanwhile, the Defendant’s actual transaction value reaches KRW 715 million as three times the appraised value of KRW 238,515,00, which was March 5, 2014.