사해행위취소로 인한 소유권이전등기말소
1. The plaintiff's lawsuit against the defendant C shall be dismissed.
2. The share of 1/3 and the share of 3,815 square meters prior to E, among the share of 1,570 square meters in 1,570 square meters prior to Gangseo-gun Hongcheon-gun
Facts of recognition
F filed a lawsuit against Defendant C in the Daejeon District Court’s 2012Gadan15158, the Daejeon District Court’s 2013Na12141 Decided October 28, 2013, the said appellate court established a voluntary conciliation (hereinafter “instant conciliation”) stating that “Defendant C shall pay F KRW 20 million by January 15, 2014, and if Defendant C’s above time limit, 29,766,240 won shall be paid, and 5% per annum from June 29, 2012 to July 15, 2013, and 20% per annum from the next day to the date of full payment” (hereinafter “instant conciliation”).
F On November 20, 2014, on the part of the payee, the Plaintiff, the place of issue, the place of payment, the place of payment, each astronomical City, the issuer, the F, the date of issuance, and November 20, 2014, respectively, entered into a promissory note with the payment at sight on the date of November 20, 2014, and a notary public drafted a notarized deed of a promissory note with the content of accepting the compulsory execution of the said promissory note under the 1375’s mission.
In addition, on July 1, 2015, F transferred 120 million won among the claims under the instant protocol to the Plaintiff on July 2, 2015, and notified Defendant C of the fact of transferring the said claim.
On February 28, 2015, Defendant C donated 1/3 shares out of 1,570 square meters of 1,570 square meters, which is the only property of Defendant B, the Republic of Korea, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, and one-third shares of 3,815 square meters prior to E (hereinafter the above shares of each land are collectively referred to as “instant land”). On April 23, 2015, Defendant C completed the registration of ownership transfer as the receipt No. 8307 on April 23, 2015.
[Ground of recognition] Unsatisfy, Gap 1-5, and 7-1's statements and the purport of the whole pleadings.
The Plaintiff’s claim as to Defendant C is the cause of claim against Defendant C. As the Plaintiff acquired KRW 12 million among the claims under the instant conciliation protocol against Defendant C, Defendant C is obligated to pay the said KRW 12 million to the Plaintiff.