사해행위취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff is a company established on March 15, 201 for the purpose of acquiring, transferring, managing, operating, and issuing securitized assets with respect to securitization assets, such as bonds subject to asset-backed securitization under the Asset-Backed Securitization Act (hereinafter “Asset-Backed Securitization Act”).
The defendant is the children of B (formerly: C).
On March 31, 1997, the National Bank Co., Ltd. (hereinafter “National Bank”), Co., Ltd., Ltd. (hereinafter “B”), extended a discount bill of KRW 100 million to D (hereinafter “D”), and B guaranteed the above loan obligation to the National Bank.
On November 4, 2004, the National Bank transferred the above loan claims to Solomon Mutual Savings Bank (hereinafter “ Solomon Mutual Savings Bank”) and notified D and B of the above assignment. On April 26, 2011, the Solomon Mutual Savings Bank transferred the above loan claims to the Plaintiff and notified D and B of the above assignment.
On March 4, 2016, the Plaintiff filed a lawsuit against D and B with this Court for the claim for the amount of money transferred to D and B, which was determined on the following grounds: “D and B jointly pay to the Plaintiff the amount calculated at the rate of 17% per annum from May 15, 2015 to the date of full payment; and the foregoing judgment became final and conclusive on March 26, 2016.”
(2) The land category was changed to a gas station site on January 28, 2016, and the real estate in attached Table 4 was changed to H on February 1, 2016, and the real estate in attached Table 4 was entered as a real estate on February 1, 2016.
The defendant caused the sale and purchase on July 31, 2007 (hereinafter "the first sale in this case") of each real estate listed in the separate list Nos. 1 and 2 from I on August 1, 2008 (hereinafter collectively "real estate No. 1 in this case").