사해행위취소
1. A sales contract concluded on November 19, 2012 between B and the Defendant with respect to the real estate stated in the separate sheet between B and the Defendant is 45,243.
Basic Facts
on September 27, 2012, Sti Bank Co., Ltd. borrowed 24,200,000 won at interest rate of 10% per annum and interest rate of 25% per annum to B.
B, as the interest payment of the above loan was delayed to lose the benefit of time, the C&T bank transferred the above loan claim to the Plaintiff on September 29, 2014, and notified B of the transfer of claim at that time.
On April 21, 2016, the Plaintiff filed a lawsuit against B against the Seoul Northern District Court 2016Kadan107698, and sentenced B to the judgment that “B shall pay the Plaintiff 38,662,051 won and 23,62,281 won with interest rate of 18% per annum from September 17, 2015 to the date of full payment,” and the above judgment became final and conclusive around that time.
B On November 19, 2012, on November 19, 2012, entered into a sales contract with the Defendant, who is a kyman (hereinafter “instant sales contract”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), which is the only real estate owned by him, and on December 24, 2012, transferred the registration of ownership transfer to the Defendant.
With respect to the instant real estate on April 29, 201, which was before the conclusion of the instant sales contract, the registration of collateral security (219,600,000) was completed on the same day with the maximum debt amount of KRW 13 as the mortgagee, and the registration of collateral security (36,000,000) was completed on the same day by the Korea Housing Finance Corporation as the mortgagee. However, the registration of collateral security (the date on which the registration of collateral transfer was completed in the future of the Defendant as the sales contract after the instant sales contract) was revoked on December 24, 2012.
【In the absence of dispute over the grounds for recognition, Gap’s evidence Nos. 1 through 5 (including additional numbers), and the entire purport of the pleadings, as recognized prior to the determination as to the grounds for a claim for a suspension of claim (creditor’s claim), the conclusion of the instant sales contract with the defendant concerning the instant real estate, the sole property owned by the debtor B, while the debtor bears the obligation for the loan, and the transfer of the ownership transfer registration to the defendant,