사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff, along with Nonparty Co., Ltd. B (formerly, Co., Ltd.: C; hereinafter “B”), shall purchase the land, etc. at the time of racing and construct apartment buildings. The Plaintiff sold approximately KRW 155,00,000 to purchase the said D land and demolished the above ground buildings, and completed the registration of ownership transfer in the future B around September 2007.
And B agreed to pay the Plaintiff the purchase cost and the incidental expenses and the profits.
B. After that, Nonparty E acquired B on April 2009 (E’s ASEAN was appointed as the representative director around January 201, 2012), and B did not pay the Plaintiff the purchase cost of the land and the incidental expenses, and the profits therefrom.
As the Plaintiff urged, B agreed to pay KRW 200,000 to the Plaintiff on July 21, 2009 as the purchase cost of land, incidental expenses, profits, and interest accrued up to that point (Evidence A 3; hereinafter “instant agreement”).
C. On May 7, 2015, B: (a) paid KRW 170,000,000 to the Plaintiff (the remaining amount of claims due to payment in kind, around April 2015, among the Plaintiff’s claims against B); (b) written a notarized deed of money loan agreement (No. 234, August 21, 2015, No. 7, which is to pay KRW 30,000,000 to the Plaintiff until June 30, 2015, and the remainder of KRW 140,000 until September 30, 2015) to the Plaintiff.
Since then, B newly constructed one apartment house with a scale of 71 units (hereinafter “H apartment”) on the plot of land outside of Do, Sejong-si, and completed the registration of ownership preservation on the entire apartment units around October 2012, and completed the registration of trust with respect to one asset trust company. On October 21, 2013, B obtained approval of the inspection of ownership from the racing market.
E. B on December 17, 2014, each apartment unit listed in the separate sheet among the above apartment units (hereinafter “each apartment unit of this case”) among the above apartment units (hereinafter “each apartment unit of this case”) is sold to the Defendant in total at KRW 973,770,000.