사해행위취소
1. As to motor vehicles listed in the separate sheet:
A. It was concluded on October 31, 2018 between the Defendant and D (E).
1. The facts of recognition do not conflict between the parties, or comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 8, the plaintiff G Co., Ltd. entered into a credit loan agreement (interest rate of 14%, delay interest rate of 25.5%) to lend KRW 40 million with D on November 2, 2017. D is in arrears with the sum of KRW 3,60,727 of the principal and interest of the above loans as of January 15, 2019. D is in arrears with the defendant as of October 31, 2018 (hereinafter referred to as "the instant automobile"), and D is a party transfer agreement to transfer the automobile as indicated in the attached list (hereinafter referred to as "party transfer agreement"), and the defendant did not transfer the automobile to Busan Metropolitan City, which was registered with D on the same day, from the time when it was registered with D on the ground of receipt of the instant automobile to Busan Metropolitan City, to the date of the transfer of the Plaintiff’s property to 30.
2. According to the above facts and each of the above evidence, D entered into a contract for the transfer of the instant automobile, which is the only property under excess of the obligation, to the Defendant at the time of entering into the contract for the transfer of the instant party transaction. Barring any special circumstance, this constitutes a fraudulent act by selling the instant automobile belonging to the property of general creditors D’s liability, and constitutes a fraudulent act, which is readily converted into money for consumption, and the Defendant’s bad faith is presumed.
Therefore, the contract for the transfer of the party transaction of this case must be cancelled by fraudulent act, and the defendant is obligated to implement the registration procedure for the transfer of the name in Paragraph (1) of this case to D with regard to the automobile of this case.
3. The plaintiff's claim is justified.