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Reasons
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(영문) 서울중앙지방법원 2019.10.14 2018가단5248872
사해행위취소
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1. The sales contract concluded on February 23, 2015 between the Defendant and C is KRW 68,557,640.

Reasons

1. Facts of recognition;

A. 1) In obtaining a loan of housing funds from C and C around May 2014, the Plaintiff: (a) the insured from D and D Association; (b) the insured amount of KRW 51,500,000 from May 7, 2014 to May 7, 2016; and (c) the E-Guarantee Insurance Contract (hereinafter “the instant Guarantee Insurance Contract”).

(2) However, on May 7, 2016, the insured event occurred, and the Plaintiff paid KRW 50,344,260 to the D Association on July 25, 2016.

3) The principal and interest of the above insurance money up to July 15, 2019 is KRW 68,557,640. (b) B. (i) On March 30, 2012, C purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant for KRW 95 million. On April 18, 2012, C completed the registration of ownership transfer in the name of C as the receipt of the Seoul Southern Southern District Court’s Registration Office No. 25774.

2) Meanwhile, on April 6, 2012, the Defendant leased the instant real estate from C by setting the lease deposit amount of KRW 80 million, the lease term from April 7, 2012 to April 6, 2014 (hereinafter referred to as “instant lease agreement”).

(C) On April 6, 2012, C paid the Defendant the difference between the above purchase price and the deposit money for the lease. (c) On February 23, 2015, C sold the instant real estate at KRW 110 million to the Defendant on February 23, 2015, and on the instant real estate, on April 3, 2015, the registration for transfer of ownership in the name of the Defendant was completed as the receipt of the registration office of the Seoul Southern District Court on April 3, 2015.

(2) On the other hand, the debtor was changed to the defendant according to the acquisition of the contract as of June 2, 2015, while the debtor was the debtor, who was terminated on March 20, 2005 (the first debtor was F, but was the debtor on June 2, 2015).

(3) After November 1, 2018, the establishment registration of a neighboring association under the name of G association consisting of 63,700,000 (the maximum debt amount) was cancelled on the same day on April 3, 2015, and thereafter, on the instant real estate under the name of H association consisting of 82,80,000 won (the maximum debt amount) of the debtor, the defendant, the maximum debt

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