사해행위취소
1. As to the 2/11 share of the real estate listed in attached Table 1 between the Defendant and B, it was concluded on September 17, 2013.
1. Facts of recognition;
A. P&D Global Co., Ltd. filed an application against B for a payment order with the Seoul Western District Court 2008Guj8903 on August 18, 2008, and the court issued a payment order with respect to KRW 17,346,087 and KRW 5,960,919 on a yearly rate of 20% from the day following the delivery of the original copy of the payment order to the day of complete payment, and this payment order was finalized on September 11, 2008 because B did not object to the delivery of the original copy of the payment order on August 27, 2008.
B. On June 9, 2014, P&A Co., Ltd. acquired the above claim against P&A from P&A global. On March 16, 2017, P&A transferred the claim to B again to the Plaintiff on May 30, 2017.
C. Section B owned the real estate listed in attached Table 1 (hereinafter “instant real estate”), and died on September 17, 2013, and on the same day, Section B, D, E, and F, the Defendant and his/her children, who are C’s spouse, concluded an agreement on the division of inherited property to solely own the instant real estate (only the part that was entered into with B and the Defendant as to shares 2/11, which are the shares of inherited property B’s inheritance).
On the other hand, at the time of the consultation on the division of the inherited property of this case, B had no other property, and the real property of this case was completed with the establishment registration of the mortgage of the debtor C, the Saemaul Depository, the maximum debt amount of 26,00,000 won.
On December 31, 2013, the Defendant repaid KRW 19,080,00,000, which is the secured debt of the above-mortgage, to the Saemaul Savings Depository, and cancelled the registration of the establishment of the neighboring mortgage on January 2, 2014.
[Ground of recognition] In the absence of dispute, entry of Gap evidence Nos. 1, 2, 3, 4, 5, 7, 8, 11 (including the number of branch numbers; hereinafter the same shall apply), the order of submission of financial transaction information to the 4-dong Saemaul Depository and the purport of the whole pleadings
2. Determination
(a) The establishment of a fraudulent act 1.