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The sales contract concluded on May 8, 2019 with respect to 89 square meters in Gangseo-si E-si between the Defendant and D shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On September 20, 2018, Plaintiff A limited liability company acquired a claim equivalent to KRW 390 million against G Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) of F Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). On May 24, 2019, Nonparty Co., Ltd. filed a petition for bankruptcy on May 24, 2019 against Plaintiff D, who is the representative of Nonparty Co., Ltd. and the joint guarantor for the above transfer money, filed an application for payment order on March 20, 2020 with the Seoul Central District Court Decision 2020 tea182805, which became final and conclusive around that time.
B. On March 28, 2019, Plaintiff B acquired the claim amounting to KRW 500 million against the non-party company, and after the non-party company’s bankruptcy petition, Plaintiff B filed an application for payment order on the above amount of money to D as the representative of the non-party company and the joint guarantor of the above amount of money transferred to the non-party company as Seoul Central District Court No. 2020 tea and 182811, and received the payment order on March 23, 2020, which became final and conclusive around that time.
C. On May 8, 2019, prior to the filing of the bankruptcy petition by the non-party company, D entered into a sales contract of KRW 2 million (hereinafter “instant sales contract”) with the Defendant, one of his/her own land, and completed the registration of transfer of ownership as stated in Paragraph 2 of the Disposition (hereinafter “instant transfer of ownership”) on May 16, 2019.
Meanwhile, at the time of the instant sales contract, D had real estate equivalent to KRW 475,235,142, including the instant land equivalent to the value of KRW 8,579,60 (based on the publicly announced land price; hereinafter the same) as active property. However, as passive property, D had a total of KRW 3,300,29,355, including the above joint and several surety obligations against the Plaintiffs.
[Reasons for Recognition] The facts without dispute, significant facts, Gap evidence 1 to 9 (including each number; hereinafter the same shall apply), and each of the statements in this Court against the Gangnam-si, HH Bank, Enterprise Bank, and I Bank.