사해행위취소
1. The transfer contract concluded on August 26, 2013 between the Defendant and C shall be revoked.
2...
1. Basic facts
A. On August 26, 2013, C entered into a contract with the Defendant, the wife, under which the right indicated in the separate sheet (hereinafter “instant right”) is transferred without compensation (hereinafter “instant transfer contract”), and thereafter notified D of the transfer of the said right.
B. At the time of the transfer contract of this case, C did not have any property other than the rights of this case.
【Ground of recognition” without any dispute, Gap evidence 2-1, 2, 5, 6, Gap evidence 7-1 through 5, and Gap evidence 13, the purport of the whole pleadings and arguments
2. Determination
A. The following facts can be acknowledged in full view of each of the statements stated in Gap evidence 1-1, 2 (each borrowed evidence), Gap evidence 1-3, 4, 8 through 12, and 14, for which the authenticity is acknowledged, based on the whole purport of the pleadings as a result of a written request for appraisal of evidence against appraiser E:
① On April 30, 2010, the Plaintiff received a certificate of borrowing KRW 30 million from her husband F, KRW 30 million, KRW 30 million on January 18, 201, and KRW 20 million on January 19, 201. On January 30, 201, the Plaintiff borrowed KRW 80 million from C on January 30, 201.
② On August 10, 2012, the Plaintiff leased KRW 10 million to C by having the F transfer KRW 10 million to the account in the name of G Co., Ltd., the representative director of which C is C.
③ On April 30, 2013, the Plaintiff was drafted with a loan certificate stating that the Plaintiff lent KRW 30 million to C through F and borrowed KRW 30 million from C.
According to the facts found to be Luxembourg, the plaintiff has a total of KRW 120 million loan claim against C, which is established before the transfer contract of this case, and thus is the creditor's creditor's creditor's right of revocation.
B. The establishment of a fraudulent act and the restoration to original state C have transferred the instant right to the Defendant, which is its sole property, without compensation, under the condition that they had been liable for the said loan to the Plaintiff.