사해행위취소
1. Defendant B’s KRW 202,390,132 as well as 5% per annum from January 28, 2015 to July 15, 2015 to the Plaintiff.
1. The following facts do not conflict between the parties, or can be acknowledged by comprehensively taking into account the following facts: Gap evidence 1-2, Eul evidence 2-1-2, Gap evidence 3-1-5, Gap evidence 4-5, Gap evidence 6-1 through 4, Gap evidence 7-9, 11, 13-21, 34, 35, 66, 84, Eul evidence 8-4, Eul evidence 1-2, Eul evidence 2-3, Eul evidence 10, and Eul evidence 10.
(1) On July 2, 2009, Defendant B and Defendant B were divided into KRW 184m2 and KRW 987m2 and KRW 184m2 on December 15, 2014 with respect to the land above KRW 1,134m2 on August 30, 2009, the Plaintiff was subject to registration conversion on December 29, 2008 with respect to the land above KRW 1,171m2 in M forest land. On January 19, 2010, M forest land was divided into KRW 184m2 and KRW 987m2 in N forest. The said land was divided into KRW 184m2 on December 15, 2014.
As regards F forest land, each G (name H before the opening) and I delegated their authority to manage and dispose of forest land.
B. On September 16, 2009, G and I entered into a sales contract with J on a total of 390 square meters, including 546 square meters prior to Pyeongtaek-si owned by Defendant B, 485 square meters prior to Lmiscellaneous land (which was re-divided from the Pmiscellaneous land divided into the Pmiscellaneous land), Q 38 square meters prior to Q 38 square meters (which was re-divided into the Pmiscellaneous land), 36 square meters prior to S (which was re-divided into the TM), and 184 square meters of land owned by the Plaintiff for Pyeongtaek-si M&M owned by the Plaintiff (hereinafter “Plaintiff-owned land”), to trade 390 square meters in total in KRW 31,50,000 (hereinafter “instant sales contract”).
According to the statement in Gap evidence No. 3, although the contract of this case stated "Yyeong-si K,O, R, and 1 other parcels" as the object of the contract of this case, considering the entries and the purport of the whole arguments in Gap evidence No. 7-9, it is recognized that the contract of this case was concluded with respect to the total area of 390 square meters among the lands divided from each of the above lands.
Article 22(1) of the CAJ provides that the intermediate payment shall be KRW 30,00,000 on September 16, 2009 and the intermediate payment shall be KRW 150 on February 10, 201.