사해행위취소등
1. Defendant A paid KRW 19,113,040 out of KRW 21,647,910 and the said money to the Plaintiff from February 23, 2017 to the day of full payment.
1. Claim against the defendant A;
A. On April 21, 2016, Defendant A received a loan of KRW 20,00,000 from E-Friendly Savings Bank Co., Ltd. for a loan period of KRW 72 months and interest rate of KRW 27.9% per annum. The Plaintiff acquired the above loan claim from E-Friendly Savings Bank Co., Ltd. on May 31, 2016. As of February 22, 2017, Defendant A bears the obligation of KRW 21,647,910 in total as of February 22, 2017.
B. Article 208 (3) 2 of the Civil Procedure Act of the judgment to recommend confession
2. Claim against the defendant B
A. On October 22, 2007, the Defendants had three children after filing a marriage report.
The Defendants jointly purchased the instant real estate from the former owner on August 11, 2015, and completed the registration of ownership transfer on October 16, 2015 with respect to each one-half portion, respectively. On the same day, the Defendants completed the registration of ownership transfer with respect to the instant real estate as the maximum debt amount of KRW 150,000,000, the debtor, Defendant B, and the NongHyup Bank Co., Ltd.
Defendant A entered into the instant donation agreement with Defendant B on January 3, 2017 with respect to the portion of 1/2 he/she owned among the instant real estate, and completed the registration of ownership transfer on January 4, 2017.
The Defendants filed an application with the Incheon Family Court for confirmation of intention of divorce on October 2016, and completed the agreement divorce report on February 17, 2017, and on April 28, 2017.
[Reasons for Recognition] Evidence No. 5, Evidence No. 2, Evidence No. 2, the purport of the whole pleadings
B. Defendant A, who asserted by the Plaintiff, donated the instant real estate share to Defendant B, the sole spouse of the instant real estate share, which is the property in excess of the debt due to the Plaintiff’s loan obligation.
This is an excessive division of property exceeding a considerable degree and should be revoked as it constitutes a fraudulent act against the plaintiff, and defendant B is about the share of the real estate in this case to the defendant A.