사해행위취소
1. On April 12, 2017, the Defendant and Nonparty C entered into a half of the shares in the real estate listed in the separate sheet.
1. On April 26, 2016, the Plaintiff was ordered to lend KRW 30,00,000 to Nonparty C (debtor) and to pay damages for delay calculated at the rate of KRW 31,993,384, and KRW 30,000 per annum from May 29, 2018 to August 11, 2018, and KRW 15% per annum from the next day to the date of full payment. The order was finalized on August 25, 2018, when the Plaintiff received an order to pay damages for delay calculated at the rate of KRW 31,93,384, and KRW 30,000 from May 29, 2018 to the date of full payment.
[Grounds for recognition] Gap evidence No. 1, the purport of the whole argument
2. Fraudulent act and the defendant's bad faith;
A. A debtor’s disposal act and insolvency debtor made a donation on April 12, 2017, of one half of the real estate listed in the separate sheet (hereinafter “instant real estate”), the only property of which he/she is his/her wife, to the Defendant, and the remainder of one half of the shares was donated on September 13, 2017, and each of the above shares was completed on May 18, 2017 by the Gwangju District Court’s registration No. 86305 and September 15, 2017, respectively.
[Ground of recognition] Evidence No. 2, fact-finding results on the Director of D Information Institute, the purport of the whole pleadings
B. As long as the obligor's gift of this case, which is the only property of this case, is insolvent by the gift of this case, the obligor's gift act constitutes a fraudulent act undermining the interests of ordinary creditors including the Plaintiff, and it is presumed that the obligor's awareness of the harm and the Defendant's bad faith as the beneficiary are presumed.
In this regard, the defendant purchased the real estate of this case from the bank with the loan from the defendant and the debtor, and the name of the debtor was changed to the name of the defendant in order to grant the loan for the establishment and use of apartment houses, and there is only a change in the name of the defendant, and there is a efforts for the debtor to faithfully repay the debt to the general creditor including the plaintiff.