사해행위취소
1. As to shares of 2/18 square meters among 1028 square meters in Nam-gu, Chungcheongnam-gu, Incheon Metropolitan City:
A. The Defendant and D signed on October 23, 2013.
1. Facts of recognition;
A. From February 28, 2013 to August 7, 2013, the Plaintiff filed a lawsuit against D on October 2, 2013 regarding the fee for the use of equipment at the construction site of the F plant located in Busan, Daejeon District Court (Seoul District Court Branch Branch Decision 2013Na5364). On December 26, 2013, the said court rendered a decision to recommend reconciliation that “D shall pay KRW 19,00,000 to the Plaintiff,” and the said decision became final and conclusive on January 24, 2014.
B. Around November 26, 2013, the establishment registrationD held 2/18 shares of the real estate listed in the Disposition No. 1 (hereinafter “instant real estate”). On October 23, 2013, the Defendant entered into a mortgage contract with the Defendant, and completed the registration of establishment of a neighboring mortgage, which is the “the maximum amount of claims” KRW 10 million, the debtor D, and the Defendant’s right to collateral security, as of November 26, 2013, pursuant to the Act No. 119928, supra, on November 26, 2013.
(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”).
The registration of ownership transfer D entered into a sales contract with the Defendant on December 4, 2013 with respect to the share of 1/18 of the instant real estate, with the purchase price of KRW 32,00,000,000. On December 5, 2013, the Daejeon District Court rendered the registration of ownership transfer under the name of the Defendant as the receipt No. 12376, Dec. 5, 2013.
(hereinafter “instant transfer registration”) D.
D Insolvent D bears the debt of 19,000,000 won in addition to the amount of 1/18 shares in this case’s real estate in the market value of 32,00,000 won in addition to the amount of 1,000,000 won in addition to the amount of the debt of 19,000,000 won in respect of the Plaintiff, the debt of 66,00,000 won in respect of the Defendant, the debt of 20,000 won in respect of the National Tax Service, and the debt of 20,000,000 won in arrears to the National Tax Service, and is currently insolvent.
[Ground of recognition] Facts without dispute, non-contentious facts, entry of Gap evidence 1-5, fact inquiry results against the head of the Dong-nam Gu in the case of the Yananan District, the purport of the entire pleadings
2. Fraudulent act;
(a)a fraudulent act;