사해행위취소 등
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 June 29, 201, the Plaintiff loaned KRW 5,000,000 to B as the household fund of the Loan subject, the due date for payment on June 29, 2013, the interest rate of KRW 10% per annum, and the overdue damages rate of KRW 20% per annum.
B. After that, on June 27, 2014, B entered into a sales contract with the Defendant for the instant real estate share (hereinafter “instant sales contract”), and on July 1, 2014, the transaction value was entered as KRW 2 million and completed the registration of transfer of ownership with the Ulsan District Court No. 68749.
C. The above B was the sole property at the time of the conclusion of the instant sales contract, and was not insolvent by bearing debt to a number of financial institutions other than the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that the above B's transfer of ownership of the real estate shares of this case, which is the only property of the defendant, constitutes a fraudulent act that prevents creditors such as the plaintiff, etc. from securing the rights of creditors, by reducing the property of the above B, which is the debtor, and the defendant constitutes a malicious beneficiary when considering the fact that the former spouse of the above B is the beneficiary, and thus, the plaintiff seeks cancellation of the sales contract of this case
On February 14, 201, the Defendant: (a) as a result of the combination with the above B on February 14, 201, transferred the instant real estate share in lieu of not seeking child support to the above B; and (b) agreed to exclude the said B from the Defendant’s obligation under the name of the NAFC, which was established on the instant real estate, the Defendant did not transfer the instant real estate share; (c) requested the Defendant to transfer the instant real estate share; and (d) completed the instant sales contract and completed the registration of ownership transfer; and (e) was a bona fide beneficiary who did not know that the instant sales contract would prejudice the obligee of the said B.