사해행위취소
1. The inherited property concluded on December 29, 2014 with respect to 2/15 shares among the real property listed in attached Table 1 between B and the Defendant.
1. Facts of recognition;
A. B entered into a loan agreement with the Plaintiff on September 30, 2003 that approves that the basic terms and conditions of the bank credit transaction apply, and then borrowed KRW 30 million from the Plaintiff, but did not pay the principal amount of KRW 27 million until March 31, 2008.
B. Accordingly, the Plaintiff filed a lawsuit against B on the loan claim as Busan District Court Decision 2008Kadan49161 and sentenced B to the effect that “B shall pay to the Plaintiff 42,872,477 won and 27,000,000 won with interest rate of 21% per annum from April 1, 2008 to the date of full payment,” and the said judgment became final and conclusive around that time.
C. Meanwhile, as Non-Party B and Defendant’s father (hereinafter “the deceased”) died on December 9, 2009, the real estate indicated in attached Form 1 (hereinafter “Real Estate 1”) owned by the deceased was succeeded to KRW 3/15 of the deceased’s spouse, and KRW 2/15 of the deceased’s children (six children including B and Defendant), respectively.
However, on December 29, 2014, the deceased’s heir prepared a written agreement on division of inherited property with the content that the first real estate owned by the Defendant alone (hereinafter “instant agreement”). On December 31, 2014, the Defendant completed the registration of ownership transfer on the first real estate due to inheritance by agreement and division as of December 9, 2009.
B did not have active property other than the above inherited property at the time of inheritance.
E. On December 10, 2014, the Defendant sold the first real estate to Nonparty E with KRW 144,00,000,000, and completed the registration of ownership transfer to Nonparty E on January 15, 2015.
F. After that, the Defendant purchased real estate in attached Form 2 (hereinafter “second real estate”) from Nonparty F as KRW 82,00,000, out of the sales price of the real estate No. 1 on December 15, 2014, and registered the ownership transfer to B with the Busan District Court No. 2782, Jan. 15, 2015, and on the same day, the obligor B, the Defendant, and the Defendant.