사해행위취소를 원인으로 한 가액배상금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. C received loans, respectively, of KRW 300,00,000 on August 10, 2007, KRW 10,000 on December 14, 2009, KRW 90,000,000 on January 21, 2011, KRW 20,000,000 on February 21, 2011, KRW 30,000 on March 11, 201, KRW 20,000 on March 28, 2011, KRW 20,000,000 on March 28, 201, and KRW 50,000 on September 30, 201, and KRW 10 on March 20, 2012;
(hereinafter “each of the loans of this case”). B.
On April 29, 2014, the Pyeongtaek Livestock Cooperatives transferred each of the instant loans to the Plaintiff, and notified C of the assignment of the said loans on the same day.
C. Meanwhile, on December 5, 2012, C entered into a gift agreement (hereinafter “instant gift agreement”) with Defendant A, a spouse, and Defendant B, a spouse, as to each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”). On December 6, 2012, C completed the registration of ownership transfer for each of the instant real estate 1/2 shares among the instant real estate on December 6, 2012.
[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1, 2, 4 through 7, 16 through 18 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. The primary claim C entered into the instant donation contract with the Defendants in excess of its obligation, and completed the registration of ownership transfer with respect to each of the instant real estate 1/2 shares among each of the instant real estate, and the instant donation contract constitutes a fraudulent act. Therefore, the instant donation contract should be revoked.
Furthermore, since the Defendants completed the registration of the establishment of a new mortgage in the future of the National Bank of Korea after the conclusion of the instant gift contract, the Defendants are obligated to pay the Plaintiff the amount of 128,647,085 won and the damages for delay.
B. Preliminary Claim C entered into the instant gift agreement in collusion with the Defendants, who had been well aware of the circumstances in which each of the instant loans was in arrears, and one-half of each of the instant real estate.