사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion is a creditor who has a claim for return of unjust enrichment against Nonparty B around April 29, 2008.
On August 19, 2015, Nonparty B committed a fraudulent act to sell the real estate owned by Nonparty B to the Defendant, and thereafter, the right to collateral security established on the said real estate was cancelled.
Therefore, the defendant is obligated to pay the plaintiff 51,00,000 won and delay damages after deducting the secured debt amount of the registration of creation of the above neighboring real estate from the market price of the above real estate as compensation for the value among the methods of restitution by fraudulent act.
2. Determination
A. On June 21, 2007, Non-party 1 entered into a sales contract with Non-party 2 with a housing sale guarantee issued by the Plaintiff on June 21, 2007. However, due to the bankruptcy of the Jeju Comprehensive Construction, the Plaintiff paid a refund of KRW 97,137,00 on behalf of Non-party 1’s comprehensive construction on April 29, 2008.
However, since the contract for sale in lots between tin General Construction and B was a false contract for sale in lots for the purpose of raising business funds, the plaintiff had a claim for return of unjust enrichment equivalent to the above refund money against B.
B) B on July 15, 2015, the real estate listed in the separate sheet owned by the Defendant and B (hereinafter “instant real estate”).
(C) On August 19, 2015, a sales contract was concluded with respect to the instant real estate and completed the registration of ownership transfer with respect to the Defendant on August 19, 2015. At the time of the instant sales contract, the market value of the instant real estate was KRW 131,00,000, and the instant real estate was established with respect to the right to collateral security of KRW 96,000,000 with respect to the instant real estate on August 19, 2015. At the time of the instant sales contract, B owned the instant real estate and land of KRW 80,000,000,000 with active property, and the market value was the aggregate of KRW 144,950,1444 with respect to the instant real estate, while it was a small property.