사해행위취소
1. The contract of donation concluded on April 27, 2015 between the defendant and B shall be revoked.
2...
1. Facts of recognition;
A. (i) On October 26, 2012, the Plaintiff loaned KRW 43,00,000 to B for the loan period of KRW 36 months, interest rate of KRW 27.9%, and overdue interest rate of KRW 10-11% per annum according to the overdue interest period.
SheB forfeited the benefit of time due to the non-performance of the loan on March 3, 2014.
Article 22(1) of the former Act provides that “A loan claim shall be a principal amount of KRW 20,464,655, interest amount of KRW 93,163, interest rate of KRW 35,158,610, total amount of KRW 56,556,428.”
B. The first individual rehabilitation case B filed an application for individual rehabilitation (Seoul Rehabilitation Court 2014 installments 40537) and was ordered to commence the business on August 28, 2014, and was decided to discontinue the business on November 12, 2014.
C. B and the Defendant’s donation contract and ownership transfer B entered into a contract to donate real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant, who was identified on April 27, 2015 (hereinafter “instant donation contract”). As to the instant real estate, the Seoul Northern District Court’s Eastern District Court’s receipt No. 44152, Apr. 28, 2015, completed the registration of ownership transfer under the Defendant’s name.
B’s Second Individual Rehabilitation Case B filed an application for individual rehabilitation (Seoul Rehabilitation Court 2014da223608, hereinafter “instant individual rehabilitation”) again and received a decision of discontinuation on July 6, 2015. < Amended by Act No. 1483, Oct. 18, 2017>
E. On April 27, 2015, the “for example, retirement allowance” or “child vehicle purchase cost” indicated in the property list of the individual rehabilitation case involving the said donation contract cannot be deemed as property.
As a result, the instant real estate was owned by 210,000,000 won, while the said real estate was owned by 291,207,419 won in total as follows.
The creditor's debt amount (won) Nos. 181,935,260 2 No. 3,517,766 3,51,563, the creditor's debt amount, 36,281,0435, 17,728,728,7307, 13,439,628, 1628, 7307, 1628, 1628, 162.