사해행위취소 등
1. The contract to establish a mortgage concluded on August 24, 2010 and the contract to establish a mortgage between the defendant and B on the real estate stated in the attached list.
1. Facts of recognition;
A. On April 30, 2010, the Plaintiff loaned KRW 32,024,00 to B at an annual interest rate of KRW 14.2% (annual interest rate of KRW 24%) per annum (annual interest rate of KRW 24%) and 36 months by equal installment method.
B. B: (a) on August 24, 2010, the mother, the Defendant, as indicated in the attached list (hereinafter “instant real estate”) completed the registration of creation of a mortgage (hereinafter “instant creation of a mortgage”) on the following grounds: (b) on August 24, 2010, the parent, for the Defendant, to complete the registration of creation of a mortgage (hereinafter “the instant creation of a mortgage”) with the maximum debt amount of KRW 100 million (hereinafter “the instant establishment of a mortgage”) under the title No. 7498, Aug. 25, 2010; (c) was in excess of his/her obligations (an active property of KRW 90,000) and an automobile (an amount equivalent to KRW 27,060,082), and (d) acquired the ownership transfer registration of the Plaintiff on November 15, 2011 (hereinafter “the instant sales contract”) with the ownership registration of KRW 1316,1416.16.16.
[Ground of recognition] A without dispute, entry of evidence Nos. 1 through 7, fact inquiry results against the Minister of Land, Infrastructure and Transport, purport of the whole pleadings
2. Determination on the cause of the claim
A. Whether a fraudulent act was established, B entered into the instant mortgage contract with the Defendant as to the instant real estate, and brought about excess of the obligation to the Defendant by completing the registration of establishment of a mortgage near the instant real estate, constitutes a fraudulent act by providing certain real estate to a certain creditor as security, thereby reducing the joint security of other general creditors. In a situation beyond the obligation, concluding the instant sales contract with the Defendant and completing the registration of establishment of the instant real estate transfer to the Defendant is an act of changing the amount of money easily consumed by selling the real estate, and also