사해행위취소
1. The plaintiff's claim that was changed in exchange in this court is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 26, 201, C completed the registration of ownership transfer with respect to the area of 453 square meters in Ulsan-gu, Ulsan-gu (hereinafter “instant land”). On March 14, 2013, C obtained a construction permit that newly constructs eight households in multi-household housing (hereinafter “instant building”) on the instant land on the ground.
B. From October 7, 2013, the Plaintiff entered into a subcontract with D to receive a contract for the structural construction of the instant building on the instant land for KRW 250,000,000 of the construction cost, among the construction of the instant building on the instant land (hereinafter “instant structural construction”).
(hereinafter referred to as “instant subcontract”). (c)
The subcontract of this case is written by the plaintiff as the contractor and D and the contractor respectively, and the name and signature of C is written as the joint and several sureties of the contractor.
The Defendant completed the registration of ownership transfer on February 5, 2014, based on sale on February 4, 2014.
E. After the completion of the instant building, registration of ownership preservation was completed in the name of the Defendant on April 22, 2015.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 3, 7, 8, 12 (including spot numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff 1 asserts that the defendant is obligated to pay to the plaintiff KRW 250 million for the structural construction costs of this case for the following reasons.
① The Defendant’s East F purchased the instant land from C around February 2013, and obtained a building permit for the construction of the instant building in the name of C and carried out construction on the F’s account. As such, the actual owner of the instant building is F.
② The Defendant succeeded to the owner’s status from F, the actual owner of the instant new building construction project, and took over both the obligation for construction cost under the instant subcontract.
(3) Therefore, the defendant shall jointly and severally comply with the subcontract of this case to the plaintiff.