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Reasons
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(영문) 서울중앙지방법원 2020.09.16 2019나22370 (1)
사해행위취소
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The judgment of the first instance shall be revoked.

2. The plaintiff's primary claim and the conjunctive claim added in the appellate trial are all the conjunctive claims.

Reasons

1. Basic facts

A. On July 4, 2013, the Plaintiff purchased the instant land from M to KRW 205,40,000, and around August 23, 2013, the Plaintiff and the non-party company obtained a proposal for sale from the non-party company and consented thereto. On August 12, 2013, the Plaintiff and the non-party company agreed that the purchase price shall be KRW 500,000,000, and the Plaintiff shall transfer ownership to the non-party company without receiving it. The non-party company shall pay KRW 500,000 until August 9, 2015. The non-party company shall pay KRW 2,00,000 to the non-party company as of this month, and the Plaintiff shall pay KRW 2,00,000 as of this month.

3) On September 12, 2013, the non-party company (hereinafter “K Association”) is the K Association (hereinafter “K Association”).

B) On May 30, 2014, the Defendant concluded a sales contract with the non-party company for the instant land at KRW 205,400,000 (hereinafter “the first sales contract”) with the non-party company on May 30, 2014, and the first sales contract contains the content that the Defendant would take over all outstanding shares and management rights of the non-party company.

The Defendant paid the down payment of KRW 20,000 on the day of the contract, and KRW 185,400,000 for the intermediate payment and the remainder shall be paid on July 1, 2014, and KRW 100,000 among them shall be substituted by succession to the secured obligation of the said right to collateral security.

2) On June 30, 2014, the Defendant paid KRW 81,763,780 to H’s account, which led the conclusion of the first sales contract, as an auditor and a person in charge of raising interest of the Nonparty Company. On July 1, 2014, the Defendant paid KRW 85,400,000 in total, by paying KRW 3,636,220, such as the health insurance premiums of the Nonparty Company, as a result of the first sales contract. 3) On June 30, 2014, the Defendant paid the remainder as a result of the first sales contract.

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