사해행위취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff’s claim against B was issued a payment order against B with the Seoul Eastern District Court 2012 tea15357, and “B shall pay 10,574,084 won and 2,949,870 won among them, which was calculated by the rate of 19.5% per annum from February 15, 2012 to May 14, 2012, and 20% per annum from the next day to the date of complete payment.” The payment order was finalized on May 30, 2012.
B. A division consultation of inherited property (1) his father B (hereinafter “the deceased”) owned the instant real estate, and died on September 19, 2014.
(2) As co-inheritors of the deceased, the denied Defendant, B, D, and E, as co-inheritors, agreed on the division of inherited property (hereinafter “instant division agreement”) solely by the Defendant to inherit the instant real property. Accordingly, the Defendant completed the registration of ownership transfer on December 19, 2014 on the instant real property due to inheritance by agreement and division on September 19, 2014.
C. At the time of the instant split-off consultation, B’s financial status (1) B was liable for debt to multiple financial institutions including the Plaintiff at the time of the instant split-off consultation, but there was no real estate otherwise owned except for the inheritance shares of the instant real estate, and did not have any particular positive property.
(2) The Defendant also accepted documents related to credit in connection with B. D.
(1) Around March 16, 2015, the Defendant returned the lease deposit amount of KRW 120 million to F, a lessee of the instant real estate.
(2) On April 30, 2015, the Defendant established the right to collateral security of the instant real estate at issue, Korea Standards Bank, the maximum debt amount of KRW 42 million, and completed the registration on May 4, 2015.
E. (1) Prior Lawsuit No. 2016Gadan28802, the creditor of the Seoul Central District Court case No. 2016, had been against the Defendant, which was subject to the instant real estate.