사해행위취소
1. The sales contract as of May 10, 2017 between the Defendant and C is revoked.
2. The defendant.
1. Basic facts
A. On November 29, 2016, the Plaintiff and C drafted a notarial deed of debt repayment contract (quasi-loan for consumption) with D Law Firm No. 1087 as to the amount of unpaid price of 94,00 million won, such as raw money, etc. on November 29, 2016. The Plaintiff drafted a notarial deed of debt reimbursement contract (quasi-loan for consumption) with a notary public on May 17, 2017, which provides that “The amount of KRW 300 million out of the unpaid amount of KRW 500 million shall be repaid in cash on the last day of June 2017, and the amount of KRW 200 million shall be repaid in cash on the last day of August 2017 (hereinafter “instant claim”).
B. On May 31, 2017, C completed the registration of ownership transfer on the ground of the sales contract dated May 10, 2017 (hereinafter “instant sales contract”) with respect to the real estate listed in attached Table 1 (hereinafter “instant real estate”).
C. At the time of the instant sales contract, C was insolvent in excess of positive property.
Even if it is assumed that C’s small assets did not exceed active property, the sales contract of this case leads to the status of excess of obligations, so it does not change into insolvent.
On January 11, 2018, the E Bank applied for the voluntary auction of the instant real estate, and the voluntary auction commenced on January 11, 2018, and on September 20, 2018, the ownership transfer registration based on the voluntary auction was completed in the G future, and on October 25, 2018, the surplus 20,993,465 won (attached Form 2; hereinafter “instant claim for dividend payment”) remaining after the distribution to the creditors was distributed to the Defendant.
E. Meanwhile, on October 12, 2018, the Korea (competent public officials of the Daejeon District Court and the cash receipts and disbursements other than the revenue and expenditure) under the jurisdiction of the competent court No. 2018Kahap50490, cannot pay to the Defendant the claim for the dividend payment in the F voluntarily auction case, and the Defendant shall not collect or dispose of the claim.