사해행위취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3.Paragraph 1 of the text of the judgment of the court of first instance.
1. The occurrence of the right to revoke the fraudulent act;
A. The following facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1 to 7; (c) evidence Nos. 9; (d) evidence No. 2; (e) evidence Nos. 5-1, 2, and 14; and (e) the fact-finding results of the fact-finding conducted by the head of the military camp in the court of first instance
(1) B was loaned at the rate of 11% per annum from the Korea Standards Bank on November 25, 2011, plus 55,000,000 won at the rate of 3-month CD interest rate, 21% per annum, overdue interest at the rate of 21% per annum, and the due date of payment at November 25, 2016, and the Plaintiff was assigned the above loan claim from the Korea Standards Dadrid Bank on July 31, 2012.
(2) On December 7, 2011, B entered into a gift agreement (hereinafter “the instant gift agreement”) with the Defendant, who was a wife on December 7, 201, on one-half of the shares of the real estate indicated in the attached Form (hereinafter “the instant real estate”). On the same day, B completed the registration of ownership transfer as the receipt of the Busan District Court Branch Registry No. 102412.
(3) The principal and interest of the instant loan obligation was KRW 55,00,000 as principal at the time of the instant gift contract. At the time of the closing of argument in the first instance court of this case, the principal and interest of the instant loan obligation was KRW 52,408,790,556, including principal and interest KRW 10,481,759 at the time of the closing of argument in the first instance court of this case.
(4) At the time of December 7, 201, the status of positive and negative properties B as of December 7, 201 is as follows.
(1) A senior security interest (unit: 153,00,000,000 won) created on the property located in the calendar (unit) property located in the area of re-industrial complex (unit: 153,00,000,000 won) of the real estate of this case by a general creditor (unit) 1: The maximum debt amount: B: 36,00,000,117,000,0000, 1102, 1102, 180,000, 180,000,000 and 20,00,000, 180,000, 10,000 regular deposits of community credit cooperatives, 00,000,0000,0000 won, and 8,38,38,38,2538,285,2838,538,200