사해행위취소
1. The sales contract concluded on May 17, 201 between the defendant and the non-party C with respect to the real estate stated in the separate sheet was 129,501.
1. Details of the preserved claim against Nonparty C: ① (i) the amount of loan KRW 300 million on June 28, 201; ② interest at KRW 39,463,013 accrued from January 1, 2013 to June 30, 2018; and (ii) the interest accrued at KRW 49,463,013 accrued from June 30, 2018; ③ the amount of delay damages at KRW 9,463,013 accrued from July 1, 2018 to March 31, 2019; (iii) the amount of delay damages at KRW 22,520,547 accrued from July 1, 2018 to March 31, 2019 (=30 million x 10% x 274 days ± ± 365 days); (iv) the purport of the entire pleadings as a whole.
2. On May 17, 2017, a fraudulent act and the real estate listed in the separate sheet, the sole property of which the Defendant’s bad faith C (hereinafter “instant real estate”) was omitted from the status of insolvency by selling and selling it to the Defendant.
(A) Evidence Nos. 2, 3-1, 2, and 5-1, 2, and the purport of the whole pleadings). Accordingly, a sales contract between C and the defendant constitutes a fraudulent act.
And the defendant's bad faith is presumed.
The defendant alleged that C was not malicious since it acquired as payment in lieu of part of the loan amounting to KRW 308,197,590, but the witness D's testimony corresponding thereto is hard to believe.
The defendant's argument is without merit.
3. The scope of revocation and return (value compensation) of the Defendant’s fraudulent act was cancelled the registration of the establishment of a neighboring mortgage by repaying the secured debt established on the instant real estate at the time of the fraudulent act (Evidence A). It is revoked as a fraudulent act within the limit of the joint collateral value less the secured debt amount of the instant real estate from the value of the instant real estate, and the compensation for the value calculated as follows within the scope of the secured claim as seen earlier:
① The value of the instant real estate (230 million won) (10,498,427 won = principal + interest KRW 100,000 + interest KRW 493,150 + interest KRW 5,277 on April 26, 2017 + interest KRW 5,277) as the secured claim of the right to collateral at the time of the fraudulent act: ① - ② evidence No. 8 of the instant real estate / [Grounds for recognition], financial transaction information of the E association, and the purport of the entire pleadings.
4. Thus, the instant sales contract should be revoked by fraudulent act within the limit of KRW 129,501,573.
(b) the Commission; and