사해행위취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the defendant and the costs of participation in the appeal.
1. Facts of recognition;
A. On March 24, 2009, the Plaintiff loaned KRW 232,500,000 to B, and the Plaintiff delayed payment of the principal and interest of the above loan.
B. On March 28, 2014, the Plaintiff filed a loan claim lawsuit against B with this court under the control of 2013da90088 on March 28, 2014, and the said court rendered a judgment that “B shall pay to the Plaintiff 256,688,185 won and 232,50,000 won with interest of 20% per annum from November 9, 2013 to the date of full payment,” and the said judgment became final and conclusive around that time.
C. On February 4, 2013, B prepared a certificate of borrowing KRW 70 million from the Defendant at an annual interest rate of 10%, and the Defendant transferred KRW 70 million to B’s bank account on the same day.
B On February 6, 2013, the Defendant completed the registration of the establishment of a mortgage (hereinafter “registration of the establishment of a mortgage of this case”) in the vicinity of KRW 84 million (hereinafter “registration of the establishment of a mortgage of this case”) on the grounds of the mortgage contract (hereinafter “mortgage contract of this case”) on the 5th day of the same month with respect to the real estate indicated in the separate sheet (hereinafter “the instant real estate”).
E. As of February 5, 2013, the instant real estate was established prior to the establishment of a senior mortgage of KRW 249.6 million with respect to the mortgagee’s right to collateral security, the mortgagee’s right to collateral security, and the maximum debt amount of KRW 192 million. The actual secured debt amount was KRW 192 million, and the market price of the instant real estate was at least KRW 2220 million with respect to KRW 20 million, and KRW 247.5 million with respect to the market price of the instant real estate (average price).
[Reasons for Recognition: Facts without dispute, Gap 1, 2, Eul's evidence, Eul 3, the result of the order to submit financial transaction information to the International Saemaul Depository of the court of first instance, the purport of the whole pleadings
2. Determination
A. The act of offering real estate, the only property of the debtor, which was not in excess of the obligation, as a fraudulent act, to one of the obligees as a claim security against the other obligees, barring any special circumstance.