사해행위취소 등
1. Of the judgment of the court of first instance, the part concerning the primary claim against the Defendants is included in the modified claim in the trial.
1. Facts of recognition;
A. On October 4, 2002, the Plaintiff, F, and G (hereinafter referred to as “Plaintiff, etc.”) entered into a contract with the Korea Land Corporation for purchase of the instant land in KRW 2,147,610,00 in the F’s sole name. The Plaintiff, etc., internally agreed to hold 25% of the Plaintiff, F 50% of the Plaintiff, and G 25% of the shares.
On the other hand, the plaintiff et al. received a loan from the bank and paid part of the purchase price, and accordingly, paid the interest on the loan.
B. On September 30, 201, the Plaintiff et al. provided the instant land under the F’s sole name by the Plaintiff et al., and concluded a joint agreement with the Plaintiff et al. to pay KRW 4,808,00,000 to the Plaintiff et al. for the instant land price (the contract amount of KRW 500,000 until October 20, 201; the intermediate payment of KRW 2.6 billion until October 20, 201; the remainder of KRW 1.78 billion until October 20, 201; and the remainder of KRW 1.78 billion within four months after the approval for sale) instead of carrying out a project for constructing officetels and urban-type residential housing on the instant land (hereinafter “instant project”).
C. Around that time, the Plaintiff et al. and H planned to establish B to promote the instant project, thereby establishing B on October 17, 201, and H took office as the representative director of H on October 21, 201.
B On November 1, 2011, the Plaintiff, etc.
On November 1, 201, the registration of ownership transfer for the instant land was completed on the grounds of the above sales contract.
B around that time, the sum of KRW 1.3 billion from the Simpo Fisheries Cooperatives (hereinafter referred to as the “Simpo Fisheries Cooperatives”) and the 1.3 billion from the Simpo-Gun Fisheries Cooperatives (hereinafter referred to as the “Gumpo-Gun Cooperatives”) was loaned to the Plaintiff, etc. and paid KRW 2.3 billion to the Plaintiff, etc., and it appears that B paid by subrogation the Plaintiff, etc. to the Korea Land Corporation and the Bank.
On November 1, 201, in order to secure its loan obligations, land of this case.