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. Between February 23, 2012 and June 24, 2014, the Plaintiff lent KRW 866,000,000 to I (hereinafter “I”) as between February 23, 2012 and June 24, 2014. At present, the Plaintiff currently has the leased principal of KRW 736,00,000 and interest claim against I.
B. (1) On January 22, 2015, I borrowed KRW 600,00,000 from the network H in order to raise the sales price of 1,614.7 square meters of JJ in Seo-gu, Seo-gu, Gwangju (hereinafter “instant real estate”), and agreed with the network H in the following terms:
(hereinafter “Agreement 1”). H, I,K, and L agree with respect to the remainder of the real estate in this case as follows: (a) the Agreement (Evidence 1) provides for the remainder of the loan.
2. H, simultaneously with the preparation of an agreement, borrows KRW 600,000,00 for I, K and L as the remainder of the instant real estate.
3. I, K, and L shall pay 600,000,000 won borrowed from H until April 22, 2015.
4. After paying the balance of the instant real estate, I, K, and L trust to M after the completion of the ownership transfer registration in I, and I, K, and L are unable to repay the said KRW 600,000,000 by April 22, 2015, I, K, and L will complete the registration of ownership transfer for the instant real estate with H after termination of the trust agreement with M (Provided, That I will succeed to the first bank loan obligation in case H where the registration of ownership transfer for the instant real estate is made by H.) under the first agreement. (2) After completing the registration of ownership transfer for the instant real estate on June 24, 2009 (transaction value1,40,000,000), I completed the registration of ownership transfer for reasons of sale on June 24, 2009 (transaction value), and completed the registration of ownership transfer for reasons of trust in the future of M&A on the same day.
C. (1) On March 2, 2015, I additionally borrowed KRW 100,00,000 from the net H as of May 2, 2015.
(2) On April 20, 2015, I concluded a sales contract between the deceased H to sell the instant real estate in KRW 1,400,000 (hereinafter “instant sales contract”).
(3) Meanwhile, I and the net H are as follows with respect to the instant real estate on June 15, 2015.