사해행위취소
1. With respect to real estate listed in the Schedule,
A. A donation contract concluded on October 12, 2015 between the Defendant and C.
1. Basic facts
A. The net C is a party under Section E in Seocheon-gu, Seocheon-gu, Seocheon-si, and the defendant is the deceased C's husband's wife, and the plaintiff has maintained her friendship with the deceased C.
B. From April 27, 2009 to November 13, 2015, the Plaintiff leased KRW 150,156,000 to the network C as indicated in the deposit sheet in the attached Form of Financial Transactions. The Plaintiff received KRW 81,415,00 from C as indicated in the deposit sheet in the attached Form of Financial Transactions.
C. On October 12, 2015, the deceased C entered into a gift agreement with the Defendant (hereinafter “instant gift agreement”) with respect to the real estate recorded in the attached list (hereinafter “instant building”) having the sole property value as its own property, and completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) on October 29, 2015 with the Incheon District Court’s Branch Branch Branch Office No. 148153, Oct. 29, 2015.
The deceased on December 10, 2015, and the deceased on December 10, 2015, F, the spouse of the deceased C, succeeded to the ratio of 3/13 shares, G, H, Defendant, I, and J, each of 2/13 shares.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, witness K, L testimony, fact-finding inquiry and the whole purport of argument, the whole purport of argument
2. Determination on the claim for revocation of fraudulent act
A. According to the above basic facts, the act of the deceased C entering into the gift contract of this case with the defendant, who is his/her father with respect to the building of this case, which has the sole property value, and transferring the ownership thereof to the defendant constitutes a fraudulent act detrimental to other creditors, including the plaintiff, barring special circumstances, and the intention of the deceased C's death is recognized, and the beneficiary's bad faith is presumed.
B. As to this, the Defendant died on his own in an unexpected situation, and the Defendant donated his share from the her mother, such as other siblings, and the Plaintiff.