사해행위취소 등
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 23, 2010, Defendant E completed the registration of ownership transfer on the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) and tried to construct neighborhood living facilities and officetels with the fifth floor above the above land.
B. F Co., Ltd. (hereinafter “F”) contracted the construction of the above building with Defendant E, and on December 16, 2015, upon receipt of the decision of provisional disposition prohibiting the disposal of real estate under the Changwon District Court 2015Kahap282 by deeming the right to claim the registration of establishment of a mortgage against Defendant E as the right to be preserved. On December 21, 2015, the registration of preservation of ownership was completed in Defendant E’s name upon entrustment of the registration of provisional disposition with respect to each of the real estate listed in attached Tables 2 through 12 (hereinafter “instant building”).
C. On April 8, 2016, Defendant A (hereinafter “Defendant B”) completed the registration of ownership transfer for the instant land and building with the Changwon District Court was received on April 8, 2016 on the grounds of the sale on April 8, 2016, as the receipt on April 8, 2016, and Defendant B completed the registration of ownership transfer with Defendant D Co., Ltd. (hereinafter “Defendant D”) on April 21, 2016 on April 21, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 11, Eul evidence 2-2, the purport of the whole pleadings
2. Determination as to the claim against Defendant E
A. On April 2015, the Plaintiff asserted that the contract was concluded between G and Defendant E by setting the construction cost of KRW 220,000,000 with respect to the creative construction among the new construction works of the instant building.
Even if G did not have been entrusted with the authority to conclude the above contract, G, an agent at the construction site, voluntarily appointed a field manager with the right to decide on the construction site and managed and supervised the construction site manager.