사해행위취소
1. A sales contract concluded on July 23, 2014 with regard to the real estate stated in the separate sheet between the Defendant and B is 125,121.
1. Basic facts
A. B jointly and severally guaranteed the indemnity obligation owed by C Co., Ltd. (hereinafter “C”) to the Plaintiff. On June 25, 2004, the Seoul Central District Court 2003Gadan3426 decided on June 25, 2004, “B shall jointly and severally with C to the Plaintiff for KRW 570,872,534 and for KRW 362,715,764 among them, from May 25, 1999; for KRW 203,269,389, from November 29, 209 to April 23, 2004; and for KRW 20% per annum from the next day to the date of full payment.” The above judgment was finalized on August 10, 204.
Afterwards, the appeal filed by the Seoul Central District Court 2014Na58329 was conducted by the appellate court, but the judgment was rendered on May 19, 2015, and the above judgment became final and conclusive on June 11, 2015.
B. B purchased, under the name of the wife D on December 13, 2010, listed real estate in the separate sheet (hereinafter “instant real estate”) under the name of D by trusting the name of the wife D, and completed the registration of ownership transfer in the name of D on December 22, 2010.
After that, B filed a lawsuit against D seeking the cancellation of the above transfer of ownership, and obtained a favorable judgment. On August 11, 2014, B completed the registration of cancellation of the transfer of ownership in the above D name with the above judgment as the ground for registration, and completed the registration of transfer of ownership due to the sale on December 13, 2010 on the same day.
C. As to the instant real estate, B entered into a sales contract with the Defendant, who is a person living together as of July 23, 2014 (hereinafter “instant sales contract”), and completed the registration of ownership transfer for the Defendant’s transaction price of KRW 220,000,000 on August 11, 2014.
On September 23, 2014, the Defendant sold the instant real estate in KRW 243,00,000, and completed the registration of ownership transfer on October 10, 2014.
E. B = 103,00,000 won as active property at the time of entering into the instant sales contract = The instant case.