사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. B completed the registration of ownership transfer on July 4, 2008 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).
B. The Korea Standards Bank (hereinafter “SP”) set loans to B, as of August 12, 2008, KRW 7.19% per annum on three-month CD interest rate, and as of August 12, 2009 due date for reimbursement of KRW 8 million on August 12, 2009, respectively, with interest rate of KRW 3-month CD interest rate of KRW 7% per three-month CD interest rate, and due date for reimbursement of KRW 8 million on July 3, 2009.
C. On June 19, 2013, the non-party bank transferred each of the above loans to the Plaintiff. On July 4, 2013, the non-party bank notified the transfer of claims to B.
B lost the benefit of time due to the delinquency in payment of the above loan, and as of April 21, 2015, the unpaid debt to the Plaintiff is KRW 31,264,87.
E. Meanwhile, the Defendant reported a marriage with B on July 19, 2007, but filed a divorce lawsuit against B on April 7, 2010 as the Suwon District Court’s Ansan Branch 2010ddan2137.
On September 15, 2010, the above court rendered a decision in lieu of conciliation that “B shall be divorced with the Defendant, and B shall pay consolation money and property division to the Defendant KRW 80,000,000 to December 31, 2010, and if B delays this, it shall pay 20% interest per annum from December 31, 2010 (hereinafter “the instant divorce decision”). The instant divorce decision became final and conclusive around that time.
F. B entered into a sales contract with the Defendant for the instant real estate (hereinafter “instant sales contract”) on May 24, 2013, and completed the registration of ownership transfer with the Defendant under Article 37499 on May 29, 2013.
[Reasons for Recognition] Facts without dispute, Gap 1 through 5, 7, Eul 1 and 2, the purport of the whole pleadings
2. The plaintiff alleged by the parties shall have the right to ownership of the instant real estate, the only property of which is the property of B in excess of the obligation.