사해행위취소
1. It was inherited on February 13, 2013 between the Defendant and B regarding the real estate stated in the separate sheet.
1. Facts of recognition;
A. C obtained a credit card substitute loan from the Plaintiff under the joint and several sureties B.
B. The Plaintiff filed an application with the Daegu District Court for a payment order against B, a joint guarantor, as the Daegu District Court 2007 tea14899. On January 10, 2008, the said court ordered the Plaintiff to pay damages for delay calculated at the rate of 29.9% per annum from December 12, 2007 to the date of full payment with respect to KRW 44,471,971 and KRW 20,892,928 among them.
C. Subsequent to B’s partial repayment of the obligation based on the above payment order, the obligation to deposit KRW 76,445,021 remains as of June 21, 2016, including the principal amount of KRW 15,256,706, interest amount of KRW 97,744 as of June 21, 2016, and late payment charge of KRW 60,190,571.
D On February 13, 2013, as the Defendant, C, B, and E owned real estate listed in the separate sheet (hereinafter referred to as the “instant real estate”) and died, the Defendant, C, B, and E were jointly inherited at the 1/4 share ratio.
E. On February 13, 2013, the Defendant completed the registration of ownership transfer on August 21, 2013 on the instant real estate by reason of inheritance by agreement division (hereinafter “instant agreement division”).
F. On February 19, 2014, the Defendant sold the instant real estate in KRW 135 million to F, and on March 7, 2014, F completed the registration of ownership transfer under its name.
G. At the time of the consultation and division of the instant real estate, the instant real estate was established with the maximum debt amount of KRW 39 million (the actual secured debt amount of KRW 30 million), the secured debt amount of KRW 19.9 million with the debtor D, the national bank of the mortgagee, and the maximum debt amount of KRW 19.9 million with the debtor D and the mortgagee G respectively.
H. At the time of the instant consultation division, B had no particular property, and was in excess of the obligation.
I. At the time of the instant consultation and division, the market price at the time of the conclusion of the instant pleadings is KRW 135 million.
[Reasons for Recognition] There is no dispute, entry of Gap evidence 1 to 4, and the President of the Korea Credit Information Institute.