사해행위취소
1. The defendant shall not exceed KRW 7,334,265 and KRW 5,219,257 among them to the plaintiff within the scope of the property inherited from the deceased B.
1. Facts of premise;
A. (i) On April 28, 2015, the existence of the claim for transfer of a loan (i.e., 2,000,000, and 4,000,000,000,000,000,000,000 won, respectively, are lent to B, and the Hyundai Savings Bank (34.9%, respectively, per annum) has completed the transfer of the loan claim to the Plaintiff by September 2016, and the notice of lawful assignment of the credit has been completed.
The principal and interest on the loan as of August 25, 2016 is the principal amounting to KRW 1,795,365 as of August 25, 2016; KRW 434,915 as of interest (including interest in arrears; hereinafter the same shall apply); and KRW 3,423,892 as of August 2, 2016 as of Hyundai Savings Bank; and KRW 711,503 as of August 2, 2016.
B. B’s disposal act and cancellation of the right to collateral security (i.e., the title of the apartment of this case owned by B), the maximum debt amount of KRW 79,300,000, and the registration of the establishment of a mortgage near the debtor B (hereinafter “registration of collateral security”).
B on December 16, 2015, she sold the above apartment in KRW 140,00,000 (hereinafter “the instant apartment”) to the Defendant, who is the ASEAN, and on December 22, 2015, she repaid the secured debt of KRW 70,000,000,000 and revoked the above secured mortgage registration and completed the registration of ownership transfer to the Defendant.
Article 25(1) of the Civil Act provides that a third party shall have a right to receive the registration of the right to collateral security at the time of the sale and purchase of the same property.
C. The inheritance-related B died on September 29, 2016, and his inheritor was born to C and the Defendant, who were his children, but C renounced inheritance. The Defendant filed an appeal for the limited acceptance of inheritance with the Daegu Family Court Decision 2016-Ma100354, and the said court accepted the report on the qualified acceptance on December 20, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-9 (including more than one number), response to the order to submit financial transaction information by this court, the result of each inquiry into the Korean Credit Information Institute of this Court, the Court Administration's Office, the whole purport of the arguments
2. Determination
A. (i) Judgment on the claim for transfer money;