사해행위취소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 8, 2012, the Plaintiff lent KRW 100 million to D as interest rate of 2% per month.
B. On April 29, 2014, Defendant B and Nonparty C Co., Ltd. entered into a pre-sale agreement with respect to 6,731 square meters of forest E, Namyang-si, which was owned by it, and completed the registration of the right to claim ownership transfer as the receipt No. 46479 on April 30, 2014, and each land listed in the attached list became divided and registration conversion from the aforesaid forest E.
C. Defendant C Co., Ltd. acquired the above provisional registration of F Co., Ltd. and completed the registration of transfer of shares. Based on the above provisional registration, the Defendants completed each registration of transfer of ownership with respect to one real estate listed in the separate sheet as the receipt No. 156508, Nov. 4, 2015; and No. 157963, Nov. 5, 2015; and each registration of transfer of ownership with respect to two real estate listed in the separate sheet as the receipt of the separate sheet No. 168534, Nov. 24, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. D, in excess of the Plaintiff, concluded a pre-sale agreement with the Defendants or F Co., Ltd. on each real estate listed in the separate sheet and completed the registration of ownership transfer, constitutes a fraudulent act against the Plaintiff. Accordingly, the Defendants asserted that the aforementioned pre-sale agreement between D and the Defendants was revoked, and the Defendants filed a claim against D for the cancellation of provisional registration and ownership transfer registration as stated in the separate sheet, the Defendants exercised the right of revocation through the instant lawsuit, even if the Plaintiff knew of the grounds for revocation on or before June 10, 2014, when he had known that each real estate listed in the separate sheet, which was owned by D, was subject to the provisional attachment order, and one year has passed thereafter, and the Plaintiff exercised the right of revocation on or before December 31, 2015.
(b).