사해행위취소
1. The plaintiff's primary claim and the first preliminary claim are all dismissed.
2. On January 10, 2013 between the Defendant and B.
1. Basic facts
A. B, on February 28, 2009, leased the Yongsan-gu Seoul Metropolitan Government 114 Dong 302 (hereinafter “instant real estate”) of Yongsan-gu, Seoul (hereinafter “the instant real estate”) from the Hanmpo Co., Ltd. (hereinafter “stock companies”) as the lease deposit amount of KRW 1,696,30,000, monthly rent of KRW 2,88,000, and the lease term of KRW 2,88,000, from January 31, 201 to January 30, 2016.
B. On February 25, 2011, Han Saz entered into a trust agreement with Korea Trust on February 25, 201, and completed the registration of ownership transfer based on the said trust agreement on the instant real estate in the future of Korea Trust.
(hereinafter “instant trust”). C.
B around March 201, the amount of the lease deposit shall be increased to KRW 1,985,100,000, but the lease contract was entered into with the content that the monthly rent is removed (hereinafter “the first modification contract”), and the lease deposit was fully paid up until around that time.
On January 10, 2013, Hansom received a letter from B to waive all rights under the existing lease agreement, and thereafter leased the instant real estate to the Defendant, the wife of B, under the same conditions as the first modified contract, and in lieu of the Defendant’s payment of the deposit for lease deposit, B renounced the right to claim the return of the existing lease deposit.
In addition, from B on the same day, Hani-so has received a written confirmation from the Defendant that “B shall be legally liable in the event that the documents submitted at Hani-solar in connection with the change in the name of the lessee of the instant real estate are different from the facts,” and that “the Defendant promises from the Defendant to fulfill the obligation to pay the occupancy loan and the rent and management expenses in connection with the change in the name of the lessee of the instant real estate.”
E. On January 10, 2013, the Defendant prepared and delivered to Korea Trust a written request for issuance of a certificate of preferential right under the instant trust agreement, and the said written request must return the lease deposit to the Defendant.