사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 8, 2005, the Plaintiff filed a loan lawsuit against C with the Daegu District Court 2004Gau506838, and received a favorable judgment on the loan amounting to KRW 20 million and its delay damages claim.
Although C filed an appeal with the Daegu District Court 2005Na13866 as to the above judgment, the judgment dismissing the appeal was rendered on July 5, 2006, and the judgment became final and conclusive on August 15, 2006.
B. On March 4, 2015, C entered into a pre-sale agreement with the Defendant on the real estate indicated as indicated in the indication of the real estate (hereinafter “instant real estate”) (hereinafter “instant pre-sale agreement”), and on the same day, C completed the registration of the right to claim transfer of ownership as to the instant real estate to the Defendant under Article 47760 by the receipt of the registration office of the Daegu District Court.
C On August 6, 2015, the Defendant entered into a sales contract for the instant real estate (hereinafter “instant sales contract”) and completed the registration of ownership transfer with the Daegu District Court No. 187601 on the same day.
C. At the time of March 2015 and August 2015, the instant real estate was the only real estate owned by C.
[Ground of recognition] without any dispute, entry of Gap Nos. 1, 2, and 3, and the result of the inquiry reply to the head of Daegu Dong-gu in this Court, the purport of the whole pleadings
2. The Plaintiff’s assertion C concluded each of the instant agreements and concluded each of the instant agreements on the instant real estate, which is the only property in collusion with the Defendant, in order to avoid the Defendant’s liability for judgment against the Plaintiff, and completed each of the registrations.
C The instant promise to sell and purchase the instant real estate between C and the Defendant is a fraudulent act detrimental to the Plaintiff, a creditor.
Therefore, each contract for sale and purchase of this case shall be revoked, and the obligation to implement each procedure for the registration of the right to claim ownership transfer and the cancellation of ownership transfer registration under the name of the defendant as a performance of the duty to restore.