사해행위취소
1. As to real estate listed in the separate sheet:
A. Trade reservation entered into on December 10, 2015 between the Defendant and C, and April 1, 2018.
1. Basic facts
A. On October 31, 1997, the Plaintiff entered into a guarantee insurance contract with the insured D Co., Ltd. (hereinafter “D”) and with the insurance period from October 19, 197 to October 18, 2010, setting as KRW 9,900,000, the insurance amount as KRW 9,900,000, to guarantee the performance of the obligation to C.
B. At the time of the above guarantee insurance contract, C agreed to pay the Plaintiff the insurance proceeds and delay damages at the interest rate of the financial institution from the day following the date of payment of the insurance proceeds to the date of full payment.
C. C delayed the performance of its obligation to D, and around November 18, 1997, the occurrence of a guarantee accident stipulated in the instant guarantee insurance contract. On June 24, 1999, the Plaintiff paid D insurance amounting to KRW 9,900,000 according to the said guarantee insurance contract.
C) On December 10, 2015, after purchasing the real estate listed in the separate sheet (hereinafter “instant real estate”) from E and completing the registration of ownership transfer on January 12, 2016. On December 10, 2015, upon entering into a purchase and sale promise (hereinafter “instant promise”) with respect to the instant real estate with the Defendant living together on December 10, 2015, and completed the provisional registration of the right to claim ownership transfer under the Defendant’s name (hereinafter “instant provisional registration of right to claim ownership transfer”).
At the time, C did not have any property other than the instant real property.
E. On April 25, 2018, C entered into a sales contract with the Defendant for the instant real estate (hereinafter “instant sales contract”) and completed the registration of transfer of ownership in the name of the Defendant based on the said provisional registration (hereinafter “instant transfer of ownership”) on April 26, 2018 as the Gwangju District Court’s Mayangyang Branch Office received on April 26, 2018.
[Reasons for Recognition] The absence of dispute, entry of Gap 1 through 3 (including each number), reply to the order to submit taxation information by this Court;