사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff’s outstanding amount claim C (hereinafter “instant outstanding amount claim”) traded shares with credit transaction loans and stock security loans through the terms and conditions of credit transaction and the terms and conditions of securities loan with the Plaintiff. The Plaintiff becomes entitled to the outstanding amount claim amounting to KRW 121,440,509, around September 27, 2019, due to the decline of the E’s share price offered as security by C.
B. On September 24, 2019, Defendant C entered into a contract to establish a right of claim on September 24, 2019 with the maximum amount of claim KRW 115,00,000 with respect to an apartment building listed in the [Attachment List, which is the only real estate for Defendant D (hereinafter “the apartment of this case”), which is the only real estate for Defendant C, and completed the registration of establishment of a right of claim on the same day. The right of claim on September 25, 2019 was entered into a pre-contract for sale and purchase on September 25, 2019, and completed the sales contract on November 7, 2019, and completed the registration of transfer of ownership on the same day on the same day.
(c)
D’s disposal of real estate dispositive act 1) Defendant D sold the instant apartment on November 27, 2019 to the Defendant (hereinafter “instant sales contract”) and completed the registration of transfer of ownership to the Defendant on the same day.
2) On September 24, 2019, on the day when the registration of transfer of ownership of the instant apartment was received, F terminated the self-mortgage agreement on the instant apartment and the instant apartment on September 24, 2019, which became D with the right holder D, cancelled the registration of creation of the right to collateral, and F repaid KRW 134,646,795 to G Co., Ltd. (hereinafter “G”) with respect to the said apartment, and completed the registration of cancellation of the registration of establishment of the right to collateral security in the name of G related to the said apartment.
[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 12, Eul evidence 1, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion C and D promised to sell and purchase the apartment of this case.