사해행위취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. Plaintiff Co., Ltd. (hereinafter “E”) is a person engaged in publishing and printing business, etc., Plaintiff A is a person engaged in printing and printing business, etc., Plaintiff B is a person who operates “F”, and Plaintiff D (hereinafter “D”) is a company engaged in child book publishing and printing business.
B. On August 5, 2011, D entered into a contract for the transfer of the right of publication (hereinafter “instant transfer contract”) with respect to the book (hereinafter “instant book”) recorded in the attached list to the Defendant (hereinafter “instant book”) at KRW 500 million.
[Ground of recognition] Facts without dispute, Eul's entry in the evidence 8-1 to 10, the purport of the whole pleadings
2. The plaintiffs' assertion D bears each of the goods payment obligations of KRW 363,982,00, and KRW 58,082,00 to the plaintiff Gap and the plaintiff Eul, but entered into the transfer contract of this case with the defendant in collusion with the defendant and entered into a false contract of this case without receiving the transfer proceeds. Since D, which is called that the right of publication of this case having the sole property value, reduced its property liability for the general creditors including the plaintiffs, by transferring the right of this case to the defendant with the right of publication of this case, which is easily valuable property and consumed, the transfer contract of this case shall be revoked as it constitutes a fraudulent act.
3. Determination
A. A creditor who claims that a debtor’s juristic act is a fraudulent act and seeks revocation thereof must specifically assert and prove the facts constituting the elements of the fraudulent act, such as the fact that the debtor’s juristic act has caused insolvency or deepened by the juristic act, etc.
B. (See Supreme Court Decision 2002Da59092 delivered on April 23, 2004).
First, with respect to the plaintiffs' assertion that the transfer contract of this case should be revoked by means of false representation of agreement, each of the items in subparagraphs 1 through 23 of the health class, and each of the items in subparagraphs 1 through 23 are numbers.