A. On January 201, 2010, Korea C&C Co., Ltd. lent 9.660,000 won to Bana, the Defendant, at the interest rate of 9.9% per annum (a separate interest rate). On September 20, 2010, B delayed the performance of the obligation to return the borrowed money, each of the 1/15 shares of each of the real estate listed in the separate list, which is the only real estate registered in its own name, (hereinafter referred to as the “instant real estate”), among each real estate recorded in the separate list, which is the only real estate registered in its own name, was transferred to the Defendant, and completed the registration of each share transfer to the Defendant around the 24th of the

(hereinafter referred to as the “instant sales contract”) for convenience, the legal act constituting the grounds for its registration is called the “instant sales contract.”

그 후 원고는 2014. 9. 하순경 주식회사 한국씨티은행으로부터 위 대여원리금채권을 양수하고, 양도인의 위임에 따라 2014. 10. 하순경 B에게 내용증명우편으로 그 채권양도사실을 알린 다음, B를 상대로 그 양수금채무(원금 14,162,328원과 그중 6,905,421원에 대한 지연손해금)의 이행을 구하는 지급명령을 신청하여 2015. 2. 2. 그에 따른 지급명령을 받았고(이 법원 2015차전1215 사건), 그 지급명령은 2015. 2. 하순경 그대로 확정되었는데, 원고의 B에 대한 그 채권액은 2015. 9. 15. 현재 합계 15,057,671원(☞ 산출근거 : 갑 2의 기재 참조)이다.

C. After the registration of transfer of shares in the instant real estate was completed in the future of the Defendant, the right to collateral security was cancelled, and the registration of creation of collateral security was completed again in the name of the new mortgagee.

[Reasons for Recognition] There is no dispute between the parties, or each part of Gap 1-9 (including each number), and the purport of the whole pleadings.

2. Determination on both arguments

A. As long as a creditor's claim is established prior to the fraudulent act, a fraudulent act committed between the defendant and B and the defendant's bad faith presumption (1).