사해행위취소
1. The part of the judgment of the court of first instance, including the Plaintiff’s claim expanded in the trial, against the Defendants is as follows.
1. Facts of recognition;
A. B agreed to pay to the Plaintiff, on April 8, 2013, KRW 100 million up to May 10, 2013, KRW 110 million up to August 10, 2013, KRW 100 million up to August 10, 2013, and KRW 100 million up to December 10, 2013.
B. B around August 22, 2013, around August 22, 2013, each real estate listed in attached Tables 1 and 1 and 2 (hereinafter “instant real estate”) with Defendant C entered into a sales contract (hereinafter “instant sales contract”) with respect to the real estate listed in attached Tables 1 and 2, and the real estate listed in the attached Tables 1 and 1-2, as well as the real estate listed in the above 1 and 2, and completed the registration of ownership transfer for the instant real estate to Defendant C based on the instant sales contract.
C. B around November 7, 2013, around two-thirds of shares in the real estate listed in attached Table 3 (hereinafter “instant real estate”). Around November 7, 2013, Defendant D entered into a pre-sale contract and a sales contract (hereinafter “instant sales contract”) with respect to the instant real estate (hereinafter “instant real estate”). Around November 7, 2013, Defendant D completed the registration of the right to claim for share transfer based on the instant sales contract, and the registration of share transfer based on the said sales contract on December 3, 2013.
The Defendants’ assertion and determination as to the time of the sales contract are as follows.
At the time of the instant sales contract, ① The instant real estate was registered under the name of the obligor B and the maximum debt amount of KRW 1.44 billion and KRW 228 million, respectively, as well as the registration of the establishment of a right to lease on a deposit basis in the name of Song A, Nonghyup, the cause of KRW 250,000,000, as well as KRW 250,000.
On February 12, 2014, Defendant C repaid the secured debt amounting to KRW 998,152,123 of each of the above secured claims to the Songpang Agricultural Cooperative, and on the same day, each of the registration of creation of mortgage was cancelled.
From February 21, 2014 to March 25, 2014, Defendant C repaid the obligation to return the deposit money to E, and on March 31, 2014, Defendant C registered the establishment of the right to lease on a deposit basis.