사해행위취소
1. Of the plaintiffs' lawsuits in this case, the part of the plaintiffs' claim for revocation of compulsory auction decision and the fraudulent act against the defendant C.
1. Basic facts
A. The plaintiff A, based on the Seoul Central District Court Decision 2004Gahap79125 decided September 27, 2005 (hereinafter "the first judgment"), has a claim for damages of KRW 150,000,000 arising from the tort committed by the defendant C from July 2000 to February 2001.
B. The Plaintiff A, based on the Seoul Eastern District Court Decision 2007Gahap10458 decided Apr. 11, 2008 (hereinafter “the second judgment”), has a separate claim for damages amounting to KRW 143,490,000 arising from the tort committed by Defendant C from July 2000 to February 2001.
C. On October 21, 2006, Defendant C entered into a sales contract to sell the buildings listed in the separate sheet to Defendant D, the land listed in the separate sheet to Nonparty F (Defendant D’s partner), and accordingly, completed the registration of ownership transfer to Defendant D on November 28, 2006, and to Nonparty F on October 23, 2006, respectively.
(The remaining 1/2 shares of each real estate listed in the attached list are owned by Nonparty G, who is the husband of Defendant C, and Defendant C and Nonparty G sold the entire building amounting to KRW 370,000,000 to Defendant D, and the entire building amounting to KRW 300,00,000 to Nonparty F.
Defendant D and Nonparty F paid KRW 395,000,000 out of total purchase price of KRW 670,000,000 in cash, and decided to accept the remainder of KRW 275,00,000 from the remainder of KRW 275,00.0.
E. Plaintiff A filed a lawsuit seeking revocation of a fraudulent act with Defendant D and Nonparty F as the preserved claim against Defendant C, thereby winning in the second judgment.
As the above judgment becomes final and conclusive, the registration of transfer of ownership by Defendant D and Nonparty F, respectively, was cancelled.
F. As the sales contract with Defendant C was revoked as a fraudulent act, Defendant D and Nonparty F agreed to set the amount of the unjust enrichment return or the amount of the damages claim against Defendant C at KRW 400,000,000. On September 25, 2009, Nonparty F agreed to set the amount of the damages claim at KRW 350,000,000 as the obligor.