사해행위취소
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Defendant A completed the provisional disposition registration for each of the instant real estate owned by Suwon District Court, the Suwon District Court, the registration office of March 6, 2008, the Seoul Central District Court (2008Kadan42649), the provisional disposition decision of March 6, 2008 (2008Kadan42649), and the provisional disposition registration for prohibition of disposal (hereinafter referred to as the “provisional disposition of this case”) which became the claim for ownership transfer registration of preserved rights.
The purport of the above provisional disposition is that "Defendant A made a loan with the maturity of KRW 100 million on April 1, 2007 to B on December 30, 2007, and if the above money is not paid up to the above period, B does not comply with B's agreement to substitute the payment of the loan amounting to KRW 120 million and the above KRW 100 million on the land including each of the instant real estate in lieu of the payment of KRW 10,20,000,000,000,000, in lieu of the payment of the above KRW 1220,000,000,000,000, in lieu of the payment of the above KRW 10,000,000,000,000,000."
B. On August 31, 2011, a private Saemaul Savings Depository extended two occasions loans to C, as joint and several obligors, including KRW 1.8 billion on August 31, 201 and KRW 2.1 billion on September 23, 2011 (hereinafter “instant loans”).
C. As C and the above joint and several sureties were unable to pay the principal and interest of this case, the KCAF applied for a compulsory auction in the name of debt with an executory exemplification of a notarial deed on the real estate owned by B including each real estate of this case, and the judicial assistant officer of this court rendered a decision to commence compulsory auction by accepting the above application on August 20, 2014, and on the same day, the purport thereof was stated and registered.
Accordingly, the defendant A completed the registration of transfer of ownership based on payment in kind on April 28, 2015, No. 95419, which was received on April 28, 2015, and on the same day.