사해행위취소 등
1. The part concerning the claim for ownership transfer registration in the lawsuit of this case shall be dismissed.
2. The plaintiff's remaining claims are dismissed.
3...
1. Basic facts
A. The Yangsan General Construction Co., Ltd. (hereinafter “ Yangsan General Construction”) changed the trade name on January 17, 2008 to NAS General Construction Co., Ltd. (hereinafter “SSK Construction Co., Ltd.”) and completed the registration of ownership preservation on December 10, 2007, after completing the registration of ownership preservation on the real estate listed in the separate sheet (hereinafter “instant real estate”). On December 10, 2007, the registration of ownership transfer was completed in the future of the K non-real estate trust Co., Ltd. (hereinafter “K non-real estate trust”) due to the trust on December 10, 207 (hereinafter “instant trust agreement”).
B. On November 19, 2008, the Plaintiff entered into a lease agreement between Yangsan Construction with the lease deposit amounting to KRW 45,000,000 and the lease period of KRW 1 year from November 24, 2008. The above lease agreement has been extended by implied renewal.
C. The Defendant completed the registration of ownership transfer on January 7, 2016 for the instant real estate on the grounds of sale on December 8, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The Plaintiff’s assertion terminated the instant trust agreement, and the instant real estate became the responsible property for the Yangsan General Construction.
The act of disposing of the instant real estate to the Defendant, which is insolvent, constitutes a fraudulent act detrimental to the Plaintiff who has the claim for the refund of lease deposit against the Yangsan Comprehensive Construction.
Therefore, the plaintiff seeks the cancellation of the sales contract of this case between the defendant and Yangsan Construction, and the defendant seeks to restore to its original state the registration procedure for cancellation of ownership transfer registration of this case to K non-real estate trust, and in subrogation of Yangsan General Construction, the K non-real estate trust seeks to implement the registration procedure for cancellation of ownership transfer registration of this case for the real estate of this case to Yangsan General Construction.
3. Determination ex officio is based on the comprehensive construction of Yangsan.