beta
(영문) 전주지방법원 2019.07.25 2018가합4078

사해행위취소

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 10, 2014, the Plaintiff’s claim 1) D entered into a sales contract with G to purchase 1/2 shares in H 2,95 square meters in common with H 2,00 square meters, and conducted a business of constructing 10 units of housing on the ground of the said land after obtaining a construction permit on April 27, 2015. (2) On August 20, 2015, the Plaintiff entered into a sales contract with D and G to purchase 1 units of housing (hereinafter “instant housing”) among 10 units of housing to be newly built (hereinafter “instant sales contract”), and paid 300 million won to D and G on the same day.

Although the scheduled completion date of the instant housing was April 30, 2016, the new construction works of the instant housing was suspended at least 20% of the total progress around October 2015.

3) Accordingly, on June 27, 2016, the Plaintiff filed a lawsuit against D and G seeking the return of KRW 300 million of the parcelling-out price in its original state upon cancelling the pertinent parcelling-out contract on the grounds that D and G were unable to perform the registration of ownership transfer and the obligation to deliver the pertinent parcelling-out contract (Seoul District Court 2016Gahap1232). In the foregoing case, the judgment was rendered on January 13, 2017 to the effect that “D and G jointly pay KRW 300 million to the Plaintiff and its delay damages.” The said judgment became final and conclusive on February 4, 2017 (hereinafter referred to as “instant claim for the return of the parcelling-out price”).

B. B. D’s act of disposal of each of the instant real estates was established on October 8, 2010 with the maximum debt amount of KRW 36 million, the debtor D, and the JWC, based on the contract establishing a mortgage on the same date as of October 8, 2010.

2) On November 16, 2015, D completed the registration of creation of a mortgage on March 13, 2015, which was based on the contract to establish a mortgage as of March 13, 2015, with the maximum debt amount of KRW 200 million as to each of the instant real estate (hereinafter the aforementioned mortgage) against Defendant B.