사해행위취소
1. As to the claim amount among the transaction amount on the transaction date listed in the attached Table B between the defendant and the non-party B.
1. In the facts of recognition, Pyeongtaek Mutual Savings Bank Co., Ltd. has a claim for the principal and interest of loan against B, C and D, and filed a claim for loans with Suwon District Court Decision 2008Kadan16948, Suwon District Court Decision 173,748,118 won and 172,427,747 won among them and 172,747 won to the above bank jointly and severally, and the decision was rendered on August 28, 2009 to order payment of 21.5% interest per annum from July 2, 2009 to the day of full payment, and became final and conclusive thereafter.
On May 23, 2013, the Plaintiff received the claim of the said bank, and notified B and C of the assignment of the claim.
The defendant is the mother of B and C.
B remitted 531,023,00 won to the Defendant’s national bank account from October 25, 201 to November 22, 2013.
【Ground for Recognition: Each entry of Gap's 1, 2, 4, 5, and family cards (including family numbers, if any)
2. Determination
A. If a false debtor donated his/her property to another person under excess of his/her obligation, such act would constitute a fraudulent act unless there are special circumstances.
However, if the beneficiary denies the claim that the creditor seeking revocation of the fraudulent act is a gift to the beneficiary of the debtor, the burden of proving that the monetary payment act constitutes a gift is on the part of the creditor claiming the fraudulent act.
In addition, if a debtor donated his/her own property under excess of his/her obligation, such act constitutes a fraudulent act unless there are special circumstances (see Supreme Court Decision 2005Da62167, May 11, 2006).
According to the above facts, the plaintiff has a claim against the defendant for preservation of principal and interest equivalent to the above judgment amount.
In addition, it can be recognized in full view of the evidence and the whole purport of the arguments in Gap's evidence (including each number) as mentioned above that Eul has no other property and is in excess of the obligation.
Furthermore, B is in excess of the obligation.