사해행위취소
The plaintiff's primary and conjunctive claims are all dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On January 19, 2018, the deceased D (hereinafter “the Deceased”) set the Plaintiff a fair certificate of monetary consumption and loan contract No. 69 of 2018 on the ground that “The Plaintiff, on January 19, 2018, lent 168,000 won to the Deceased at 12% per annum, and 15% per annum, but the deceased, on the ground that “the deceased, shall pay the Plaintiff KRW 50,000,000 by installments until February 28, 2018, and 118,000,000 won by June 30, 2018, a notary public, who prepared and provided a fair certificate of monetary consumption and loan contract, and the deceased died on June 10, 2019.”
B. Defendant C and F completed the registration of ownership transfer on the ground of sale on March 13, 2017 with respect to shares 6/10, and F’s share 4/10 as to shares 4/10 of the instant real estate owned by F on April 11, 2017, among the first floor Jho-gu, Nam-gu, Gwangju, and the first floor Jho-gu, and the first floor J (hereinafter “instant real estate”). Defendant C and F completed the registration of ownership transfer on the ground of sale on the same day with respect to shares 4/10 of the instant real estate owned by H on the same day.
In addition, on April 5, 2017, Defendant C and F completed the registration of transfer of ownership on March 13, 2017, with respect to the shares of 6/10 shares for Defendant C and 4/10 shares for 6/10 shares for the first floor H and 8 parcels of the building in Nam-gu, Nam-gu, Gwangju, and G, and F completed the registration of transfer of ownership on April 11, 2017, with respect to shares of 6/10 shares for 6/10 shares of the above real estate owned by Defendant C as divided on the same day.
(c)
Defendant B, the deceased’s spouse, purchased the instant real estate from Defendant C on March 6, 2018 in KRW 900,000,000, and paid KRW 200,000,000 out of the purchase price to Defendant C; and KRW 700,000,000, out of the remainder of the purchase price, took over the maximum claim amount of KRW 753,60,000 against Defendant C’s L Cooperative, and completed the registration of transfer of ownership in its name on March 8, 2018.
On May 14, 2018, Defendant B reported divorce with the Deceased.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2 (including each number), and all pleadings.