사해행위취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. On April 30, 201, the Plaintiff: (a) on July 30, 201, lent KRW 30 million to C by setting the due date on July 30, 201 and at the rate of 12% per annum.
B. On April 29, 2013, C entered into a contract to donate each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant, who is the spouse (hereinafter “instant gift contract”). As to each of the instant real estate, C entered into an ownership transfer registration on April 30, 2013 (hereinafter “instant ownership transfer registration”) with respect to each of the instant real estate under the Daegu District Court’s Permanent Residential Register Office of the Daegu District Court No. 8418, Apr. 30, 2013.
C. At the time of the conclusion of the instant gift contract, C owned 302 Gyeongbuk apartment, other than each of the instant real estate, and was responsible for the debt to the Youngnam Credit Union, etc., and the specific details of C’s active and small property are as follows.
The Defendant alleged that the amount of KRW 175 million, which is the actual price paid at the time of purchase by C, should be the price of KRW 122,148,200,200 of each of the instant real property, active property (original). However, the time of purchase by C, around March 20, 2012, is at least one year after April 29, 2013, which was the donation of this case, and the actual aggregate building ledger (Evidence A-2) was at least KRW 112,00,00,000 around June 1, 2012, and the price claimed by C was also at least KRW 190,000,000,000,000,000,000,000,000,000,000,000 won at the time of purchase. In light of the above, it is difficult to view that C had been at the time of the decline in the price at around 15,014.14.
The defendant asserts that it is improper to regard the above amount as liability because the result of the response of the order to submit financial transaction information to the Youngnam Credit Union's obligation 121,082,109 against the Youngnam Credit Union was the details as of April 29, 2014.
However, C is worth KRW 45 million on August 28, 2012, and KRW 85 million on October 22, 2012.