사해행위취소
1. As to motor vehicles listed in the separate sheet:
A. A contract for the transfer of name concluded on June 26, 2015 between the Defendant and B.
1. Basic facts
A. B concluded a credit card use agreement with Hyundai Card Co., Ltd. (hereinafter “On-site card”) and used the credit card. From June 2015, B did not pay the credit card fee.
B. On September 11, 2015, the Plaintiff received the credit card user fee claim against B from the Hyundai Card, and the Hyundai Card notified B of the transfer on September 15, 2015.
C. As of September 18, 2015, the Plaintiff’s claim against B as of September 18, 2015 is the principal amounting to KRW 19,039,064, unpaid interest amounting to KRW 77,519, and delay damages amounting to KRW 9,915,035.
B entered into a contract for the transfer of name on June 26, 2015 (hereinafter “instant contract for the transfer of name”) with the Defendant, his father, and the Defendant, on June 26, 2015, completed the registration for the transfer of name of the automobile (hereinafter “the registration for transfer of name of the instant vehicle”) on the said vehicle on the payment in kind.
E. At the time of the conclusion of the instant contract for the transfer of ownership, B did not have any particular active property other than the instant motor vehicle. Around June 2015, a total of KRW 26,055,000 for overdue payments to financial companies including the Plaintiff, including the Plaintiff, and KRW 35,00,000 for the Defendant’s obligation to the Defendant was active property.
[Reasons for Recognition] The facts without dispute, Gap evidence 1 through 10, Eul evidence 1 through 5, the Busan Metropolitan City Office of the Organizational Organization of Busan Metropolitan City, the result of each fact-finding reply to the Korea Federation of Banks, the purport of the entire pleadings
2. The assertion and judgment
A. (1) The determination on the cause of the claim (1) had already occurred at the time when B of entering into the instant title transfer contract with the Defendant, and is highly probable to the effect that the claim is to be established in the near future based on such legal relations, and the claim is realized in the near future.