사해행위취소
1. The part against the defendant in the judgment of the first instance is revoked.
2. The plaintiff's claim against the defendant is dismissed.
3...
1. Facts of recognition;
A. On May 7, 2017, the Plaintiff entered into a sales contract with B to sell each real estate listed in the separate sheet (hereinafter “instant real estate”) in the purchase price of KRW 140 million. However, the Plaintiff agreed to suspend the remainder of the purchase price (the purchase price of KRW 140 million minus the deposit for lease on the instant real estate at KRW 50 million) for a certain period, but B agreed to pay the Plaintiff an interest rate of KRW 90 million for the remainder of the purchase price.
B. Pursuant to the foregoing agreement, B borrowed KRW 90 million from the Plaintiff on July 10, 2017. Since the lending date, B borrowed KRW 10 million with respect to the instant real estate for a year following the lending date, 1% of the interest rate, and the due date on July 10, 2019, respectively, and prepared and delivered a loan certificate with the same content to the Plaintiff. The Plaintiff completed the registration of ownership transfer with respect to the instant real estate to B on July 12, 2017.
C. B, on August 25, 2017, sold the instant real estate to the Defendant, Yong-Nam (hereinafter “instant sales contract”), and on September 25, 2017, on the instant real estate, B completed the ownership transfer registration based on the said sales contract (hereinafter “instant ownership transfer registration”), and B transferred KRW 20 million to the Defendant on August 28, 2017, and KRW 90,000,000 on September 15, 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. On July 10, 2017, the establishment of the preserved claim and the claim for the agreed amount against B of the insolvent Plaintiff on July 10, 2017, are claims already incurred prior to the instant sales contract and are subject to the obligee’s right of revocation.
Furthermore, at the time of the conclusion of the instant sales contract, the small assets were in insolvent in excess of active property, and the instant real estate was the only property for B, and there is no dispute between the parties or the aforementioned.