사해행위취소
1. Defendant F shall be KRW 14.35 million to Plaintiff A, KRW 45.43 million to Plaintiff B, KRW 28 million to Plaintiff C, and KRW 28 million to Plaintiff D.
1. Basic facts
A. (1) Defendant F and his spouse, on May 4, 2007, completed the registration of ownership transfer on each of the instant apartment units on July 20, 2004. (2) As H died on June 14, 2017, Defendant F and I (Defendant F and H’s children) inherited one-half shares of the instant apartment units owned by H according to their statutory shares in inheritance.
Accordingly, Defendant F completed the registration of ownership transfer on June 19, 2017 with respect to 3/10 shares out of the instant apartment (i.e., H ownership 1/2 】 statutory inheritance 3/5) and with respect to 2/10 shares out of the instant apartment (i.e., H ownership 1/2 x statutory inheritance 2/5).
B. Meanwhile, with respect to the portion of 1/2 of the instant apartment owned by Defendant F, the right to collateral security, which was created on November 15, 2016, with the maximum debt amount of KRW 2225 million, Defendant F, and the right to collateral security (hereinafter “instant collateral security”), was respectively created on January 20, 2017, with the maximum debt amount of KRW 30 million, Defendant F, and the right to collateral security (hereinafter “instant collateral security”).
In addition, on June 20, 2017, among the instant apartment owned by Defendant F, 8/10 shares (i.e., 1/2 shares 3/10 shares) were created as to the maximum debt amount of KRW 250,000,000,000, the debtor K, and Defendant G-mortgage (hereinafter “third collateral mortgage”).
C. On June 21, 2017, Defendant F and I entered into a sales contract with Defendant G to sell the instant apartment at KRW 390 million between Defendant F and I (hereinafter “instant sales”).
Defendant F and I, and Defendant G, at the time of the conclusion of the instant purchase and sale contract, are taking over the secured obligation of the instant Claim Nos. 1 through 3.3 billion won, which was established on the instant apartment, by Defendant G, in lieu of payment. The remainder of KRW 216.3 million (i.e., KRW 390 million - KRW 173.7 million) is equivalent to KRW 216.3 million (i.e., KRW 390 million).