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Reasons
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(영문) 서울중앙지방법원 2019.11.20 2019가단9000
사해행위취소 청구의 소
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1. The plaintiff's claim is dismissed.

2. The costs of litigation shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against C with the Seoul Central District Court 2017 Ghana137530, and on April 24, 2017, the said court rendered a decision on performance recommendation to the effect that “C shall pay to the Plaintiff 28,758,904 won and the amount calculated at the rate of 15% per annum from the day following the delivery of a copy of the instant complaint to the day of full payment.” The said decision on performance recommendation was served on July 21, 2017, and became final and conclusive on August 5, 2017.

(hereinafter referred to as the “instant claim”). B.

C and D completed the registration of ownership transfer for each 1/2 portion of the real estate listed in the separate sheet (hereinafter “instant real estate”) on June 16, 2015.

C. On March 12, 2018, the Defendant entered into a sales contract with C and D for the share of C-1/2 of the instant real estate (hereinafter “share of the instant real estate”) and the share of D-1/2 of the purchase price of KRW 320,00,000 (hereinafter “instant sales contract”) and completed the registration of ownership transfer on March 14, 2018.

The instant real estate share, ① the creditor’s Seoul Credit Guarantee Foundation, the claimed amount of KRW 10,682,017, and the registration of provisional seizure completed on January 29, 2018, and ② the registration of provisional seizure completed on January 24, 2018 with the creditor E, claim amount of KRW 21,850,098, which was completed on January 24, 2018. However, the registration of provisional seizure was revoked on March 22, 2018; ② the registration of provisional seizure was revoked on March 26, 2018.

E. The instant real estate: (a) the establishment registration of a neighboring mortgage on June 16, 2015, with the maximum debt amount of KRW C, F, F, 224,400,000, which was completed on June 16, 2015; (b) the establishment registration of a mortgage on KRW C, C, a mortgagee, G, and a maximum debt amount of KRW 52,00,000, which was completed on October 13, 2015; (c) the establishment registration of a mortgage on KRW 2,00,000; and (d) the debtor C, a mortgagee C, and a mortgagee G (hereinafter “H”) (hereinafter “G”), the maximum debt amount of KRW 36,40

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