사해행위취소등
1. As to each real estate listed in the separate sheet between C and the Defendant, the reservation to trade made on August 29, 2013 and May 29, 2014.
1. Facts of recognition;
A. On August 26, 2011, the Plaintiff’s claim against C (i.e., D and E) transferred a claim based on a promissory note No. 500 million won against C (No. 176, 201) to the Plaintiff, and notified C of the said transfer on the same day.
The Plaintiff filed a lawsuit (Seoul Central District Court 201Gahap95767) against C in which the appellate court (Seoul High Court 201Na35097) continued on November 28, 2012, and the Plaintiff and C paid the amount calculated by “C” between July 30, 2011 and December 17, 2011 at the rate of 5% per annum from July 30, 201 to December 17, 201, and 20% per annum from the next day to the day of complete payment. In a lawsuit filed by the Seoul High Court 2012Na8572 between C and the Plaintiff, the conciliation was concluded that the said provision becomes void.”
On the other hand, C filed a lawsuit of demurrer against the plaintiff, D, and E (Seoul Central District Court 201Gahap93563) and rendered a judgment of the appellate court (Seoul High Court 2012Na88572) to October 17, 2013 that “The promissory note claim against the plaintiff C does not exist in excess of the amount calculated at the rate of 6% per annum from May 1, 2012 to the date of full payment” (Supreme Court 2013Da94619) and the judgment of the appellate court became final and conclusive on March 14, 2014.
Applicant The Plaintiff received dividends of KRW 127,822,743 on July 4, 2014 from the auction procedure for real estate owned by C (Seoul District Court Goyang support G).
B. (1) On August 29, 2013, C entered into a pre-sale agreement and sales agreement between C and the Defendant on each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) with the Defendant, who is a dubed agent on August 29, 2013 (hereinafter “instant pre-sale agreement”) and completed the registration of the Defendant’s right to claim transfer of ownership on August 30, 2013.
Before Sheet C, on May 29, 2014, the case is hereinafter referred to as "the sales contract with the defendant for each real estate of this case."