사해행위취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. 1) The E Federation’s conclusion of a loan agreement and assignment of claims shall be the F Co., Ltd. (hereinafter “F”) around November 28, 1996.
A) A loan of KRW 100,000 as a loan for fishery funds. D, the representative of F, set the limit on the guarantee amount of the above loan amount to KRW 130,000,000, and jointly and severally guaranteed the above loan obligations. 2) The E Federation transferred F and D’s loan obligations to G Co., Ltd. (hereinafter “G”) on December 7, 2012, and thereafter notified the assignment of claims.
3) G filed a lawsuit against F and D with Seoul Southern District Court Decision 2013Da226397, Jun. 13, 2014 (hereinafter referred to as Seoul Southern District Court Decision 2013Da226397). On June 13, 2014, G rendered a judgment that “G” transferred the above claim against F and D to the Plaintiff within the limit of KRW 70,000,000,000 per annum from December 8, 2012 to May 15, 2014, and KRW 15% per annum from the next day to the day of full payment, and KRW 20% per annum from the next day to the day of full payment.” D transferred the above claim against F and D to the Plaintiff on February 4, 2016.
Since then, the Plaintiff, as the assignee of the claim, was granted the succeeding execution clause regarding the judgment mentioned in the above 3). The certified copy of the succeeding execution clause was served on D on September 20, 2016. 5) The amount of the Plaintiff’s D and F’s claim for the amount of the transferred money to D and F is KRW 133,479,451 (principal principal KRW 70,000,000, interest63,479,451) as of October 28, 2017.
B. D’s real estate sales contract between D and the Defendant is 1,386 square meters of forest land in Incheon, Incheon, on November 30, 2012 (hereinafter “instant real estate”).
D) On November 30, 2012, the Defendant completed the registration of ownership transfer on September 17, 2012, with regard to the instant real estate as the grounds for registration. < Amended by Presidential Decree No. 23158, Sep. 17, 2012>
[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 2-6, Eul evidence 1-1, the purport of whole pleadings
2. Determination as to the legitimacy of the instant lawsuit
(a) Revocation of a fraudulent act;