사해행위취소등
1. As to the real estate indicated in the annexed real estate:
A. It was concluded on May 22, 2015 between the Defendant and C.
1. Facts of recognition;
A. On May 12, 2015, the Plaintiff loaned a total of KRW 16 million to C as of May 21, 2015, with the maturity of KRW 16 million, and C repaid KRW 36 million among them on May 22, 2015 and did not repay the remainder.
Accordingly, on June 4, 2015, the Plaintiff filed a loan claim lawsuit against C with the Busan District Court 2015da10600, Busan District Court 2015, and on August 6, 2015, “C shall pay to the Plaintiff KRW 70,000,000 per annum from May 22, 2015 to June 15, 2015, 5% per annum from the next day to the day of full payment, and 20% per annum from the next day to the day of full payment.” The above judgment became final and conclusive on September 3, 2015.
B. Meanwhile, C and the Defendant couple married on February 2003, and on December 30, 2002, they shared 1/2 shares and 1/2 shares due to sale and purchase, and thereafter have continued to reside in the above apartment since that time.
On May 22, 2015, C entered into a contract of donation with the purport that he/she donates all his/her co-ownership shares in the apartment of this case, one of his/her sole real estate, to the Defendant, who is his/her spouse, and completed the registration of transfer of ownership based on the said donation under the Daegu District Court Decision No. 50815, May 22, 2015.
C. At the time of the donation contract of this case, C did not have any specific property other than the above apartment 1/2 shares (the tax base amount of 5,800,000,000 as of the tax base of the year 2014, but did not exceed the debt owed to the Plaintiff, etc.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including branch numbers in case of additional numbers; hereinafter the same shall apply), Eul evidence Nos. 1, North Korea-Gu Office at Port and Ministry of Land, Infrastructure and Transport, the purport of the whole arguments, and the purport of the whole arguments.
2. The assertion and judgment
A. According to the above facts, the existence of the preserved claim is recognized.