사해행위취소
1. The inherited property concluded on June 17, 2014 with respect to 1/4 shares of each real estate listed in the separate sheet between the defendant and B.
1. Facts of recognition;
A. On December 30, 2002, the Plaintiff entered into a small loan guarantee insurance contract with C, and B is a joint and several surety for the indemnity obligation.
According to the insurance contract, the joint guarantor is obligated to compensate for the insurance money paid by the plaintiff and damages for delay thereof (the overdue interest rate determined by the plaintiff within the highest overdue interest rate out of the general loan interest rate in the commercial bank from the day following the payment date of insurance money).
B. On April 14, 2004, the Plaintiff paid KRW 9,098,469 to the Gyeongnam Bank Co., Ltd. (hereinafter “Seoul Bank”) in arrears.
C. On May 25, 2005, the Plaintiff filed a lawsuit against B, etc. seeking the payment of the amount of reimbursement (the Changwon District Court Decision 2005Da14790), and the said court rendered a judgment that “C shall jointly and severally pay KRW 9,098,469, and the delay damages therefor, jointly and severally with C,” to B on May 25, 2005.
d. June 11, 2005
On the other hand, D, the owner of each real estate listed in the separate sheet (hereinafter “each real estate of this case”) died on or around June 17, 2014, and four Defendant and B, etc. are their successors (child).
Around that time, the Defendant, B, etc. consulted on the division of inherited property with the purport that “each of the instant real estate shall be owned solely by the Defendant,” and the Defendant deposited KRW 15 million to B on July 2, 2014.
E. On July 3, 2014, the Defendant completed the registration of ownership transfer based on inheritance by consultation and division on June 17, 2014 regarding each of the instant real estate.
On August 22, 2017, the existing right to collateral security (hereinafter “instant right to collateral security”) regarding each real estate listed in the attached Tables 1 and 2, among each real estate of this case, was extinguished with repayment of KRW 18,802,056.
On August 31, 2017, the Defendant sold each of the instant real estate in KRW 165 million to E.
F. As of January 8, 2018, the amount of the Plaintiff’s indemnity claim against B is KRW 21,019,400 (principal KRW 3,506,744, delay damages KRW 17,512,656).
(g) B.D.