사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff’s claim against C did not receive KRW 24,281,34 of the loaned principal until January 12, 2016, after loaninging C with a total of KRW 130 million.
Accordingly, on April 5, 2016, the Plaintiff filed a lawsuit against the Plaintiff seeking a loan with the Gwangju District Court 2016Kadan3502, and was sentenced to a favorable judgment on the following: “C shall pay the Plaintiff 24,443,495 won and 24,281,334 won with 15% interest per annum from January 28, 2016 to the date of full payment.”
B. On March 27, 1993, the Defendant filed a marriage report with C on March 27, 1993 and completed a marriage report on September 13, 201, and completed a marriage report on July 3, 2012.
On January 25, 2016, the Defendant and C filed an application for confirmation of intention of divorce with the Gwangju Family Court No. 2016 Cooperation82, and the said court designated the confirmation date of intention of divorce on May 2, 2016.
The defendant and C stated that the person with parental authority and the custodian of minor children D (E) shall be designated as the defendant in the application for confirmation of the intention of divorce, and C agreed to pay 50,000 won per month to the defendant as the child support for D.
On January 28, 2016, the Defendant and C transferred the instant apartment to the Defendant without compensation due to the division of property by agreement and divorce, and the Defendant has concluded a property division agreement with respect to the instant apartment (hereinafter “instant division agreement”). On the same day, on January 28, 2016, the Defendant completed the ownership transfer registration on the instant apartment based on the division of property (hereinafter “instant transfer registration”).
On May 2, 2016, the defendant and C shall attend the court on the confirmation date of intention for divorce and obtain confirmation of intention for divorce, and then complete the divorce report to the Gwangju Metropolitan City Mayor on the same day.
C. C, including C’s property details, purchased the instant apartment on December 23, 2009 and completed the registration of ownership transfer.
C on June 4, 2013