사해행위취소
1. The defendant shall make the Seoul Southern District Court with respect to the plaintiff's share of 2/9 of the real estate stated in the attached list.
1. Facts of recognition;
A. On December 23, 2008, the Age Network Co., Ltd. filed a lawsuit against A seeking the payment of the acquisition amount, and on December 23, 2008, the judgment of “A shall pay to Age Network Co., Ltd. the amount calculated at the rate of 20% per annum from November 8, 2008 to the date of full payment” (Seoul Western District Court 2008Dadan82394).
B. On September 24, 2009, the Age Network Co., Ltd. transferred the above claim against A to the Age First Loan Co., Ltd. (hereinafter “BS Loan”), and on November 10, 2009, the Ages Loan was granted the succeeding execution clause against the above judgment.
(c) D, a partner of A, died in around 2009, and his wife is the defendant, children E, F, and A.
On May 13, 2009, the Defendant completed the registration procedure for the transfer of ownership in the name of the Defendant under the name of the Seoul Southern District Court on the ground of inheritance by agreement division (hereinafter “instant agreement division”) on May 13, 2009 regarding the real estate listed in the separate sheet, which is inherited property (hereinafter “instant real estate”).
A filed a petition for bankruptcy with the Seoul Central District Court Decision 2013Hadan6428, which was declared bankrupt on August 26, 2013. The above court appointed the Plaintiff as the bankruptcy trustee. On July 16, 2014, the Plaintiff taken over the instant lawsuit filed against the Defendant by the lower court.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. Determination
A. The "act that the debtor knows that it would be prejudicial to any bankruptcy creditor", which is an act subject to avoidance as stipulated in Article 391 subparagraph 1 of the Debtor Rehabilitation and Bankruptcy Act, of determining the cause of the claim, is an act of deviating from the debtor's general property, which is a joint security for all creditors, from the bankruptcy estate.