사해행위취소
1. The sales contract concluded on June 13, 2016 between the Defendant and B with respect to the real estate listed in the separate sheet is KRW 27,902,689.
1. On September 23, 2014, the Plaintiff filed a suit against B for the claim against Seoul Central District Court 2014Da6272263. On September 25, 2014, the Plaintiff rendered a decision of performance recommendation ordering payment of the amount equivalent to 17% per annum for KRW 25,946,62,624 and for KRW 7,465 from September 18, 2014 to the date of full payment. The said decision became final and conclusive on January 27, 2015.
B on June 13, 2016, the real estate listed in the separate sheet (hereinafter “instant house”) owned by it was sold (hereinafter “instant sale”) to the Defendant (hereinafter “instant sale”), and completed the registration of ownership transfer on June 15, 2016.
At the time of the sale of this case, B did not have any particular property or income in its name, except for the housing of this case.
The market price of the instant housing at the time of June 13, 2016 is KRW 70,000,000, and the market price is also the same until the date of closing argument in the instant case.
On June 28, 2013, the registration of the establishment of a mortgage was cancelled on June 14, 2016. The actual amount of the secured debt was KRW 42,097,311.
As long as B sells the instant house, one’s sole property, to the Defendant, and completed the registration of transfer of ownership in its name, it would be a fraudulent act detrimental to the Plaintiff, who is the obligee of the transfer money, and the intent of B, the obligor, is presumed to be the beneficiary’s bad faith.
Inasmuch as the registration of the establishment of the above neighboring mortgage was cancelled on June 14, 2016, the date of the instant fraudulent act, the joint collateral value is 27,902,689 won (70,000,000 - 42,097,311 won) which deducts the actual secured debt amount from the value as of the date of the closing of argument in the instant house. This is the interest accrued from the Plaintiff’s credit amount exercising the Plaintiff’s right of revocation of the amount of secured claim after the fraudulent act until the date of closing of argument in the instant case.