사해행위취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
1. From August 9, 201 to July 12, 2012, the Plaintiff (e.g., the title E) paid approximately KRW 1.8 billion in total to G and H (only “H” without distinction before and after the opening of the name) that engaged in credit business in the name of “F,” etc.
Based on the above paid funds, G and H lent funds to the doctorJ that had been under the planning of a convalescent business from October 201 to October 31, 201. On October 23, 2011, J leased all the above funds from the Defendant to the 5th underground floor and the 8th underground floor (excluding the 7th floor used by the lessee as the office) on the 4th underground space, both of the 5th underground floor and the 5th underground floor (excluding the 7th floor used by the lessee for the office) in Seongbuk-gu Seoul, and the 7th underground floor (excluding the value-added tax), from November 1, 201 to October 31, 2016, and operated the “M hospital” (hereinafter referred to as the “instant hospital”). < Amended by Presidential Decree No. 23528, Feb. 24, 2012>
D On April 23, 2012, after entering the instant hospital, the D had completed the business registration as the joint representative of the instant hospital from April 25, 2012 following the previous date with J as the joint representative of the instant hospital. From June 1, 2012, the D changed its business registration to the name of the sole representative of the said hospital from June 1, 2012, as the head of the instant hospital from that time.
Creditors, including G and H, who had lent funds necessary for the operation of the instant hospital to J around January 2013, urged D to pay the said loans to D, the president of the instant hospital, and the Defendant also demanded D to pay the rent of the instant hospital.
D) On May 9, 2013, the Defendant borrowed KRW 300 million from the Defendant to adjust part of the obligations related to the instant hospital, and on July 9, 2013, the goods from Nos. 238 through 301, which are part of the facilities and equipment of the instant hospital, are transferred to the Defendant as the above loan and the security of the rent, and the said vehicle is not less than three months.