사해행위취소, 소유권이전청구권가등기
1. The defendant shall enter the attached list in the plaintiff upon the claim that this court had changed in the course of lawsuit and exchanged.
1. Basic facts
A. On May 10, 2016, A received a favorable judgment (hereinafter “instant judgment”) stating that “C shall pay A 7,000,000 won and 15% interest per annum from November 3, 2015 to the date of full payment” (hereinafter “instant judgment”).
B. C had completed the provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”) on the real estate recorded in the separate sheet (hereinafter “instant real estate”) that is one of his/her sole responsible property in excess of his/her debt, in the future, the Defendant, the husband of the Seoul Southern District Court, the Seoul Southern District Court’s registry No. 49387, Jun. 30, 2016, and June 30, 2016.
C. On January 15, 2018, after the judgment of the first instance court of this case was rendered, C was declared bankrupt by the Seoul Rehabilitation Court No. 2017Hadan584, and the Plaintiff was appointed as C’s bankruptcy trustee on the same day.
Accordingly, the Plaintiff taken over the instant lawsuit at the trial, and subsequently, on May 25, 2018, changed the claim to “an action of denial” as provided by the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10, fact inquiry results to the Gangseo-gu Office of the first instance, purport of whole pleadings
2. Judgment on the plaintiff's claim
A. The Defendant’s provisional registration of this case on the instant real estate, the sole responsible property of which the Plaintiff’s assertion C exceeds his/her obligation, should be denied as an act detrimental to bankruptcy creditors pursuant to Article 391 subparag. 1 of the Debtor Rehabilitation Act.
B. (1) The judgment of the court below is that Article 391(1) of the Debtor Rehabilitation Act provides that the trustee in bankruptcy may deny “an act that the debtor knows that it would compromise any bankruptcy creditor,” and the above “an act that the debtor knows that it would compromise any bankruptcy creditor.”