사해행위취소
1. As to KRW 17,212,752 and KRW 14,886,110 among the Plaintiff, Defendant A shall be the year from March 7, 2016 to the day of full payment.
1. Determination on the part of the claim against Defendant A for transfer money
가. �구의 표시 별지 청구원인 기재와 같다.
(b) Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);
2. Determination on the revocation of fraudulent act against the Defendants and the claim for restitution
A. On April 16, 2013, Korea Standards Bank Co., Ltd. loaned KRW 21.6 million to Defendant A on or before April 16, 2013. On September 18, 2014, it transferred the said loan claims to the Plaintiff, and notified Defendant A of the assignment of the said claims on September 30, 2015. 2) The said loan claims amounting to KRW 18,617,867 in total, including principal amount of KRW 14,886,110, interest or delay damages amount of KRW 3,731,757 as of September 23, 2016.
3) Meanwhile, on May 14, 2015, Defendant A’s real estate indicated in the separate sheet (hereinafter “instant real estate”) with Defendant B, the sole property of which is its own (hereinafter “instant real estate”).
(2) The sales of the purchase price in KRW 260 million (hereinafter “instant sales”).
) On the same day, the registration of ownership transfer has been completed to Defendant B on the same day. [The facts that there is no dispute over the grounds for recognition, Gap evidence No. 1, Gap evidence No. 2-1, 2, Gap evidence No. 3 and 4, and the purport of the whole pleadings.
B. According to the facts of the recognition of fraudulent act and intent of deception, barring any special circumstance, Defendant A’s selling of the instant real estate, which is one of his sole property, to Defendant B, constitutes a fraudulent act, barring any special circumstance, and thus, constitutes a joint collateral for general creditors. The malicious intent of Defendant A and Defendant B, a beneficiary, constitutes a fraudulent act. (ii) Where the act of donation of the real estate, the method and scope of restitution to the original state, and where the act of donation of the real estate, which is subject to collateral security, constitutes a fraudulent act, the act of donation of the real estate, after the donation, constitutes a fraudulent act, the revocation of the donation contract and the restoration of the ownership of the real estate itself to the debtor would result in restoring