사해행위취소
1. The contract on donation on December 9, 2016 with respect to the area of 215 square meters in Seosan-si between Defendant B and D shall be revoked.
2. The defendant B.
1. The facts under the basis of facts may be found either in dispute between the parties or in the entry in Gap evidence 1 to 4 (including paper numbers), by integrating the whole purport of the pleadings.
The plaintiff has claims against D with 34,255,252 won and 13,294,736 won among them at the rate of 21% per annum from September 6, 2010 to the date of full payment.
B. D purchased, around October 9, 1972, 1972, the value of the instant real estate E prior to Seosan-si (hereinafter “instant real estate”) and owned the ownership transfer registration on January 9, 1984. On the ground of donation on December 9, 2016, D completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) on December 28, 2016 to Defendant B, ASEAN, as the Seosan District Court’s Seosan Branch Branch, and the ownership transfer registration (hereinafter “instant ownership transfer registration”) on December 28, 2016.
C. Defendant C Co., Ltd (hereinafter “Defendant C”) completed the registration of establishment of the right to collateral security (hereinafter “the right to collateral security”) of the creditor D and the maximum debt amount of KRW 15 million on January 25, 2000 with respect to the instant real estate as Seosan Branch of the Daejeon District Court on January 27, 200, and the Defendant Republic of Korea attached the above right to collateral security (hereinafter “the right to collateral security”) on September 15, 2014. Accordingly, the registration of Seosan Branch of the Daejeon District Court and the additional registration of seizure of the instant right to collateral security (hereinafter “the attachment”) was completed as of September 17, 2014 as of September 3717, 2014.
On the other hand, D purchased F. F. 30 square meters of F. 30 square meters of the instant real estate as of October 9, 1972 and completed the registration of ownership transfer on July 2, 1983, and thereafter owned it until now, and the other property is not confirmed.
2. Determination
A. According to the above basic facts as to the claim against Defendant B, the donation to Defendant B of the instant real estate having a substantial economic value among his/her own property, which was already in excess of his/her obligation, constitutes a fraudulent act causing a lack of common creditors’ joint security.