사해행위취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 30, 199, Dongi Mutual Savings and Finance Company (hereinafter “Dongi Mutual Savings and Finance Company”) loaned KRW 1,600,000,000 annually to an international freezing Co., Ltd. (hereinafter “international freezing”), 15% of interest per annum, and on December 30, 2004, B guaranteed the above loan obligations of international freezing.
B. According to a decision to transfer a contract on November 11, 200 by the Financial Savings and Finance Commission, the status under the above loan contract was transferred to the Gyeonggi Mutual Savings and Finance Company Co., Ltd. (hereinafter “Game Savings Bank”), and the Gyeonggi Savings Bank succeeded to all rights and obligations under the above loan contract under the Dong Mutual Savings and Finance Company.
C. On February 24, 2004, the Gyeonggi Savings Bank filed a lawsuit against the international freezing and B, etc. for a loan claim (Seoul District Court 2004Kadan6764) on July 16, 2004, and rendered a judgment on July 16, 2004 that "the said court shall pay 638,080,535 won to the Gyeonggi Savings Bank and 638,080,535 won per annum from December 31, 199 to the day of full payment" and the said judgment became final and conclusive on August 28, 2004.
(hereinafter referred to as “instant claim”) d.
On July 1, 2013, the Gyeonggi Savings Bank was declared bankrupt (Seoul Central District Court 2013Hahap88), and the plaintiff was appointed as the trustee in bankruptcy on the same day.
E. Meanwhile, on February 18, 2014, B purchased the instant real estate from Nonparty C, and completed the registration of ownership transfer on the 19th of the same month. On the 20th of the same month, B entered into the instant sales promise with the Defendant, who is the husband of the instant real estate, and completed the instant provisional registration on the 24th of the same month.
F. On August 6, 2014, the Plaintiff filed an order for payment (Seoul Central District Court 2014 tea 43272) against international freezings and B, etc. to extend the statute of limitations following the lapse of the statute of limitations period of the instant claim. As such, the Plaintiff filed an order for payment from the said court on August 13, 2014.