사해행위취소
1. As to each real estate listed in the separate sheet, A:
The gift contract concluded on February 28, 2017 between the defendant and C shall be concluded.
1. Facts of recognition;
A. On September 11, 2015, the Plaintiff entered into a loan transaction agreement with C and 14,900,000 won for a period of one year, and the agreed rate of 9.8% per annum (19.8% per annum).
Article 7(2) of the Terms and Conditions of Credit Transactions applicable to the above Agreement provides that when a debtor delays interest, the principal repaid in installments, or the principal and interest on installment payments for one month continuously from the time when the debtor is liable to pay the principal and interest on installment payments, the debtor shall, as a matter of course, lose the benefit of the time limit for the relevant
B. On March 20, 2017, the Plaintiff filed an application with C for a loan payment order as Seoul Central District Court Decision 2017 tea127895, and on March 21, 2017, the said court issued a payment order with respect to KRW 17,820,295 to the creditor and KRW 14,898,346 to the creditor and KRW 14.8% per annum from March 17, 2017 to the date of full payment, and the said payment order was served to C on May 1, 2017 and finalized on May 16, 2017.
C. C entered into a contract of donation on each of the real estate listed in the separate sheet owned by C (hereinafter “each of the instant real estate”) with the Defendant, the parent-child, on February 28, 2017, when the Defendant was in excess of the debt (hereinafter “instant contract of donation”). Based on the foregoing contract of donation, the Daegu District Court (Seoul District Court Decision 5844, March 2, 2017) completed the registration of transfer of ownership under the name of the Defendant with respect to each of the instant real estate.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including each number), the purport of the whole pleadings
2. Judgment on the ground of the Plaintiff’s claim
A. According to the facts of recognition of the establishment of the preserved claim, the Plaintiff’s principal and interest claim against C, which was concluded prior to the donation contract of this case, shall be the preserved claim.
(b) When the establishment of a fraudulent act and the intention of deception are insufficient for the obligor to repay all of the obligations, the obligor is his own.