사해행위취소
1. The sales contract as of November 9, 2015 with respect to real estate listed in the separate sheet between the defendant and C shall be revoked.
2. The defendant.
Facts of recognition
On June 12, 2014, the Plaintiff and C loaned KRW 60,000,00 to C at an interest rate of 2.5% per month, and overdue interest rate of KRW 2.9% per month. At the time, the Plaintiff and C’s money transaction Plaintiff completed provisional registration of KRW 301 on the third floor D 301 owned at the time.
After October 20, 2015, voluntary auction was initiated regarding the above housing owned by C, and the Plaintiff received dividends of KRW 24,033,793 from the above auction procedure on September 28, 2016.
On November 9, 2015, C and the Defendant entered into a contract to sell real estate in KRW 320,000 (hereinafter “instant real estate”) listed in the attached list C owned by C (hereinafter “instant real estate”).
At the time, C and the Defendant paid the remainder of KRW 40 million on the date of the contract, and the remainder of KRW 280,000,000 on November 16, 2015, respectively, and paid KRW 50,000,000 after the judgment on the principal claim for provisional seizure of the instant real estate, and the mortgagee of the right to collateral security, decided to deduct the Defendant from the purchase price the amount of KRW 150,000,000,000,000
The defendant paid KRW 120,000 to C from November 9, 2015 to 17th of the same month.
In addition, on November 23, 2015, he agreed to acquire the obligations of the Eunpyeong New Zealand Saemaul Fund and C.
On November 9, 2015, the date of the sales contract, the Defendant completed the registration of ownership transfer (hereinafter “registration of this case”) with respect to the instant real estate.
(Reasons for Recognition) Facts without dispute, Gap evidence 1 through 3, Eul evidence 1 and 5 (including each number), the purport of the whole pleadings.
The plaintiff C’s assertion that the real estate of this case was sold to the defendant and sold the real estate of this case to the defendant, and this was an act detrimental to the plaintiff, who is the creditor of this case. The defendant entered into the contract of this case with the knowledge
Therefore, the contract of this case should be revoked by fraudulent act, and the registration of this case should be revoked.