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1. Of the instant lawsuit, the revocation of the fraudulent act with regard to the gift contract of KRW 10,00,000, which was concluded on June 19, 2017 by Defendant and D with Defendant.
Reasons
1. Facts of recognition;
A. The Plaintiff’s monetary claim against D 1) The F District Readjustment Promotion Project Association, the project implementation district of which consists of 174,801 square meters in Yangcheon-gu Seoul E, Yangcheon-gu, filed an application for adjudication of expropriation with the competent local Land Expropriation Committee in order to acquire GJ 97.3 square meters and its ground buildings located in the project implementation district. The said Land Expropriation Committee decided to expropriate the said land and buildings by designating compensation as KRW 507,351,930, and the said Association deposited the said compensation with the Plaintiff as the principal deposit on November 30, 2016. 2) D transferred the said compensation from the Plaintiff’s account under the Plaintiff’s name to its own account without any title.
3) Accordingly, the Plaintiff filed a lawsuit against D as Seoul Southern District Court Decision 2018Gahap102479, and the said court rendered a judgment on October 18, 2018 that “D shall pay to the Plaintiff 495,053,404 won and the interest rate of 15% per annum from March 29, 2018 to the date of full payment.” 4) D appealed appealed as Seoul High Court 2018Na206499 with respect to the above judgment, but the said court dismissed the appeal against D on April 12, 2019. The said judgment of the first instance court became final and conclusive around that time.
B. Defendant’s real estate purchase and payment method of the purchase price (1) Defendant on June 19, 2017, the first floor J of Yangcheon-gu Seoul Metropolitan Government I (hereinafter “instant real estate”) owned by H and H on June 19, 2017
(2) While concluding a sales contract to purchase the purchase price at KRW 110,000,000, the sales amount of KRW 10,000,000 out of the above sales price shall be paid as of July 21, 2017 on the date of the contract, and the remainder of KRW 100,000,000 shall be paid as of July 21, 2017, and the lease deposit amount of KRW 20,000 shall be succeeded to the existing lease contract on the instant real estate, and the lease deposit amount of KRW 20,000 shall be deducted from the balance above. (2) The Defendant prepared and paid the sales price under the above sales