사해행위취소
1. Defendant A’s interest in KRW 70,629,062 and KRW 66,417,960, among the Plaintiff, from September 17, 2015 to the day of full payment.
1. Facts of recognition;
A. On March 31, 2014, Korea Standards Bank Co., Ltd. (hereinafter “SP”) established and lent KRW 81.3 million to Defendant A on March 31, 2019, at the rate of 5% per annum (in the case of at least 90 days per annum), interest rate of loans, 15% per annum (in the case of at least 90 days per annum).
B. On July 17, 2015, Nonparty bank transferred the claim for the above loan to Defendant A to the Plaintiff, and around July 29, 2015, Nonparty bank notified Defendant A of the transfer of the above claim.
C. Defendant A lost a benefit due to his failure to fully repay the principal and interest of the above loan. The amount of the above loan that the Plaintiff acquired is KRW 66,417,960 as of September 16, 2015, totaling KRW 70,629,062, including the agreed interest and delay damages, as of September 16, 2015.
On April 27, 2015, Defendant A entered into a gift agreement (hereinafter “instant gift agreement”) with Defendant B on the real estate indicated in the attached list, the sole property of Defendant A (hereinafter “instant real estate”), which is the only property of Defendant A, and completed the registration of transfer of ownership on April 28, 2015.
E. On May 19, 2010, the instant real estate set the right to collateral, which is the maximum debt amount of KRW 25.2 million, the debtor A, the National Agricultural Cooperative Federation, the debtor A, and the National Agricultural Cooperative Federation. On June 9, 2010, the right to collateral security, which is the debtor A, and the Bank of Korea of Korea, was established.
After the instant contract was concluded on May 26, 2015, the right to collateral security, which is the debtor B and the right to collateral security, was newly established on the instant real estate on May 26, 2015. On June 2, 2015, the said right to collateral security was cancelled by the National Agricultural Cooperative Federation on June 2, 2015. The Bank of Korea’s right to collateral security was also cancelled on June 4, 2015.
F. At the time of closing the argument of the instant real estate, the market price is KRW 297.5 million. The right to collateral security of the National Agricultural Cooperative Federation established on the instant real estate at the time of concluding the instant gift agreement.