사해행위취소
Defendant B shall pay 124,460,000 won to the Plaintiff and 12% per annum from July 13, 2019 to the day of full payment.
The indication of the claim for determination as to the claim against Defendant B: from October 16, 2014 to August 29, 2017, the judgment by serving a public notice of the claim for return of KRW 124,460,00 out of the total amount of loans of KRW 124,460,120 (Article 208(3)3 of the Civil Procedure Act) (Article 208(3) of the Civil Procedure Act) was based on the fact that the plaintiff paid KRW 4 million to Defendant B on October 16, 2014 and lent KRW 124,460,120 in total by paying KRW 9.7 million on August 29, 2017.
On October 18, 2017, Defendant B entered into a sales contract with 33,90,000 won with respect to the real estate listed in the separate sheet (hereinafter referred to as “the instant real estate” and the right to sell the real estate in this case”) with D on October 18, 2017, and transferred KRW 66,780,000 from E, etc. on the same day to D on the same day after receiving KRW 67,850,00 from E, etc. on October 18, 2017, and remitted KRW 1,064,000 equivalent to 10% of the extended cost to F. A borrowed from E on February 9, 2018, Defendant B paid KRW 33,390,000 and KRW 4 million from E on July 18, 2018.
7. 19. D paid 3,390,000 won for the second intermediate payment to D.
On October 24, 2018, Defendant B entered into a sales contract with Defendant C to purchase the sales amount of KRW 33,900,000 with respect to the sales right of this case, plus KRW 10,840,00 with respect to the sales right of this case, and KRW 390,540,000 with regard to the sales right of this case, plus KRW 10,80,000 with options, and KRW 40,000 with options, and KRW 390,540,000 with respect to the sales right of this case (hereinafter referred to as “the sales contract of this case”), Defendant B agreed to receive KRW 135,224,00 with options, and KRW 135,224,00 with options, and KRW 40,000 with premium.
On October 25, 2018, Defendant B, on October 25, 2018, received total of KRW 175,224,000 from Defendant C as one’s front check, and subsequently, changed the number of shares of the instant sales right to Defendant C to Defendant C.
Of the check received by Defendant B, KRW 100 million was deposited to E, and KRW 40 million was deposited to H, and KRW 10 million was deposited to G for the purpose of dealing with transfer income tax.