사해행위취소 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Summary of the plaintiff's assertion
A. On August 30, 2007, the Plaintiff filed a lawsuit against D on the claim for the removal of buildings on the instant forest land as the owner of the instant forest land, and the lawsuit is pending, the conciliation was established between the Plaintiff and D on August 30, 2007, to the effect that “Un August 30, 2009, the Defendant (D) shall deliver the instant building to the Plaintiff, the Plaintiff shall pay KRW 20 million to the Defendant as the director’s expense, and the Plaintiff shall own the said building after August 30, 2009, the Plaintiff received the said building from the Defendant (hereinafter “instant conciliation”).
B. Meanwhile, after the instant conciliation was completed, F purchased the said forest land on July 4, 2008 at the auction procedure on the instant forest.
C. On December 28, 2006, the Plaintiff received a provisional disposition against D as to the instant building on December 28, 2006, the Suwon District Court 2006Kadan17881, and the Defendants, despite being aware of such fact, concluded a sales contract on the instant building (hereinafter “instant sales contract”). On February 8, 2010, the Plaintiff, on September 6, 2012, by designating the Defendants as successors, was granted an execution clause on the instant sales agreement.
On June 26, 2013, the Plaintiff deposited KRW 20 million with the Seoul Central District Court No. 2013No. 13324 for the Defendants.
E. Considering the above circumstances, the instant sales contract constitutes a fraudulent act, and thus, the Plaintiff’s revocation, or the said sales contract is null and void as a juristic act with a content contrary to good morals and other social order. The Defendants are obliged to implement the procedure to change the name of the owner under the former GB management ledger during the period when they knew about the instant building.
2. The right of revocation on the market shall be an act in which a debtor reduces his general property with the knowledge that it would prejudice the creditor.