사해행위취소에 의한 가액배상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a company that received a full-time transfer of the Bank’s loan claims against D, and has the claim against the Defendant for the judgment amounting to KRW 3,97,890 and KRW 1,597,557 per annum from November 14, 2009 to the date of full-time payment (hereinafter “the claim for judgment amount of this case”). < Amended by Presidential Decree No. 22090, Nov. 14, 2009>
B. Around 2019, E, the father of D died, and the instant real estate was inherited property. The inheritor was the Defendant and his/her child, who was his/her spouse. However, on March 5, 2019, the Defendant and D agreed on the division of inherited property with the content of the Defendant’s sole inheritance of the instant real estate, and accordingly, the registration of ownership transfer in the name of the Defendant was completed.
C. Since then, the right to collateral security was established on the instant real estate.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. On December 26, 2016, the Defendant asserts that D, with respect to the Plaintiff’s claim for the judgment amount against D, the exemption was granted upon the confirmation of bankruptcy and immunity (Seoul District Court Order 2016, 2016, 2016, December 26, 2016), and that D, with respect to the Plaintiff’s claim for the judgment amounting to D, the exemption was granted upon the confirmation of evidence No. 1.
However, the fact that D did not enter the plaintiff in the creditor list at the time of its bankruptcy and application for immunity does not conflict between the parties. According to the evidence No. 3 (including all of the provisional numbers), D directly receives a written decision or decision related to the judgment or execution case related to the judgment claim of this case, and it seems that D’s service of the above documents was done after the lapse of one year before D’s petition for bankruptcy ( August 17, 2016) and the petition for bankruptcy.
Thus, the plaintiff's claim of this case is D in bad faith.