사해행위취소
1. As to B 751 square meters in millyang-si:
A. On February 8, 2017 between C and the Defendant, the termination of the gift agreement between C and the Defendant, and B.
Facts of recognition
C around February 23, 2012, upon entering into a credit card use contract with the Plaintiff, the credit card was issued by the Plaintiff from that time.
C From February 2017, from around 2017, the credit card payment began to be in arrears, and on August 29, 2017, the arrears amounted to KRW 3,896,193.
C On February 8, 2017, the Defendant, who is a child, donated B, 751 square meters (hereinafter “instant real estate”) to the Defendant (hereinafter “instant donation”), who is the child, and completed the registration of ownership transfer on February 27, 2017, with the Changwon District Court (No. 5956).
At the time of donation of this case, C did not have any other property than the real estate of this case, and was liable not only to the Plaintiff but also to other financial institutions.
[Ground of recognition] In light of the fact that there is no dispute, and the above fact of recognition as to the purport of Gap's evidence Nos. 1 through 4, and the purport of the whole pleadings, Eul donated the real estate of this case, which was the sole property of the plaintiff and other financial institutions, to the defendant, thereby extinguishing the joint security of general creditors.
Therefore, the gift of this case constitutes a fraudulent act and C’s intention to commit suicide is recognized. Thus, the gift of this case must be revoked, and the defendant, as a restoration to its original state, has the obligation to implement C the procedure for registration of cancellation of ownership transfer registration completed as of February 27, 2017 by the Changwon District Court (Seoul District Court) and completed as of February 27, 2017.
In conclusion, the plaintiff's claim is reasonable, and it is decided as per Disposition.