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1. On April 30, 2015, the sale and purchase contract between B and the Defendant for the real estate listed in paragraph 1 of the attached list between B and the Defendant, and No. 2.
Reasons
1. Determination as to the cause of claim
A. 1) The establishment of fraudulent act by the Plaintiff’s fraudulent act (A) as to the Plaintiff’s obligor B) entered into a contract with C on May 2013 for supply of ready-mixeds with D under the joint and several guarantee of D, and the Plaintiff supplied 141,815,400 won at each multi-household house (hereinafter “each multi-household house of this case”) on the ground (hereinafter “instant land”) from May 4, 2013 to September 6, 2013, the land listed in attached Table 1; hereinafter “the instant land”).
C and D entered into a contract with the Plaintiff on May 10, 2014 on the condition that they are obligated to pay the above ready-mixed price to the Plaintiff, instead of paying the 403 and 404 of each multi-household house of the instant case, which was constructed around May 10, 2014, on the condition that each multi-household house of the instant case was completed, and a financial institution loan was made upon completion of each multi-household house of the instant case, and that the Plaintiff will return 403 and 404 of the loan to the Plaintiff as the object of the transfer to the substitute.
C On May 22, 2014, each multi-household house of this case was constructed on the instant land, and completed the registration of ownership transfer due to sales in the D future. D succeeded to the sales contract of the said 403 and 404, which was concluded between the Plaintiff and C, and promised to implement the Plaintiff.
D Since each multi-household house of this case was completed on or around September 2014, 201, D transferred 403 and 404 of each multi-household house of this case to the Plaintiff, or received the above multi-household house as security and paid the price of ready-mixed, or did not pay it.
On September 18, 2014, the Plaintiff executed provisional seizure of real estate with a claim amounting to KRW 141,815,400 against the E site and building, other real estate owned by C.