사해행위취소
1. It was concluded on July 23, 2015 with regard to one half of the real estate listed in the separate sheet between the defendant and C.
1. The Plaintiff’s preserved claim against C: The Plaintiff filed a lawsuit seeking reimbursement of KRW 60 million with D on May 26, 2014, on the ground that the Plaintiff had the loan claim of KRW 60 million (the amount of KRW 30 million among them up to June 13, 2014, and the remaining KRW 30 million up to July 5, 2014) against C and joint guarantor D under this Court Order 2017Da54397, and on January 22, 2018, the Plaintiff received a decision to recommend reconciliation that “C shall pay KRW 35 million to the Plaintiff jointly and severally with D until February 28, 2018.”
Since both parties did not object to the above decision, the above decision became final and conclusive as it is.
[A] 3, 4] 2. C's fraudulent act
A. In light of the fact that on December 18, 2007, the real estate stated in the separate sheet (hereinafter “the apartment of this case”) as of December 18, 2007 coincides with the address and details of the change of the two persons recorded in the register of the previous real estate register, the two persons are deemed to be “Divisions”.
A joint acquisition was made with personal E.
One half of the shares are shares.
On April 5, 2013, the defendant, who is the person C, was prepared and delivered by C a certificate of money consumer loan contract for KRW 500 million.
On April 9, 2013, the provisional registration of E was made for the shares of C among the apartment buildings of this case.
On July 23, 2015, the Defendant acquired the right to the provisional registration from E and completed the registration of transfer in the future. On the other hand, on the whole apartment of this case, the Defendant was set up the right to collateral security with the obligor C and the maximum debt amount of KRW 200 million.
On August 26, 2015, on the basis of the above provisional registration, the Defendant completed the registration of transfer of ownership on the share of C among the apartment buildings of this case on July 23, 2015.
After all, the defendant's share among the apartment of this case was transferred to E on June 14, 2016 due to the same day, and was established on June 20, 2016 together with the right to collateral security under the name of the defendant.