사해행위취소
1. The purchase and sale reservation entered into on November 26, 2015 and entered into on August 22, 2017, regarding real estate listed in the separate sheet between the Defendant and C.
1. The following facts are recognized as either a dispute between the parties or in full view of the evidence set forth in subparagraphs A through 9 and the purport of the entire pleadings.
A. The Plaintiff supplied milk, etc. to D from March 8, 2012 to October 4, 2016, and has a claim for the amount of KRW 110,567,730 for D.
B. On September 2, 2014, D completed the registration of transfer of ownership on the attached list (hereinafter “instant real estate”) on September 1, 2014 by reason of a sales contract as of September 1, 2014.
C. C on October 16, 2014, the obligor regarding the instant real estate was F with respect to E Co., Ltd., and completed the registration of creation of a mortgage based on the same date mortgage contract with the maximum debt amount of KRW 186,840,000.
On January 31, 2017, the Plaintiff revoked the above sales contract as a fraudulent act against D and D as Busan District Court Decision 2017Da303119, and D were jointly liable for payment of the price of goods, and C filed a lawsuit seeking payment of the amount of KRW 110,567,730, and damages for delay calculated at the rate of 5% per annum from the day following the day when the judgment became final and conclusive to the day of complete payment.
The above judgment became final and conclusive on May 17, 2017.
E. C completed the registration of ownership transfer under Article 6681 of the receipt of the same registry office of the Ulsan District Court Yangsan District Court on November 26, 2015 (hereinafter “instant promise”) and completed the registration of ownership transfer as the receipt of the same registry office on August 22, 2017 (hereinafter “instant sales contract”).
F. C was insolvent at the time of entering into the instant sales reservation and sales contract.
2. According to the above facts of recognition, the reservation and sales contract of this case shall be revoked as a fraudulent act, and the defendant shall restore to its original state C.