사해행위취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. B awarded a contract for the construction of 18 households, such as 101 dong 201 and 201 (hereinafter “instant loan”) among the five-story multi-unit housing units with the name of Gyeonggi C and D ground “E B” (hereinafter “instant construction”) during the construction period of KRW 2 billion and the construction period of KRW 3 billion from July 30, 2012 to December 30, 2012.
B. On July 31, 2012, detailed construction subcontracted to the Plaintiff KRW 704,00,000 for civil engineering and charnels construction among the instant construction works.
(hereinafter “instant subcontracted project”). However, small construction failed to complete the construction project and waived the construction project on January 31, 2013.
And on April 25, 2013, B, the owner, prepared a written confirmation to pay the subcontract price to the Plaintiff.
C. On August 30, 2013, B entered into a real estate security trust agreement (hereinafter “instant trust agreement”) between the Defendant Company with respect to the instant loan, which is stipulated in the name of the Mine Community Depository (the issue amount of 1,092,00,000,000) and the joint secondary beneficial interest holders F (the issue amount of 180,000,000,000) and G (the issue amount of the certificate of beneficial interest). On September 2, 2013, B completed the registration of ownership transfer based on the said trust agreement with the Defendant Company.
On the other hand, on October 25, 2013, the instant loan was registered with the prohibition of disposition to preserve the right to claim the cancellation of the ownership transfer registration due to the creditor H’s cancellation of the trust.
E. The Plaintiff filed an application for the payment order (Seoul Central District Court 2014 tea38386) with B to pay KRW 410,000,000 of the subcontract price in this case with B as the other party, and the payment order was finalized since B did not dispute.
[Evidence Evidence] Unsatisfyed Facts, entry of each of Gap's subparagraphs (including branch numbers), the purport of the whole pleadings
2. On October 25, 2013, the Defendant’s judgment on this case’s defense is the revocation of the creditor H’s fraudulent trust.