사해행위취소
1. A donation contract concluded on September 20, 2018 between the Defendant and C on September 2018 regarding shares of 2/13 out of 1,680 square meters prior to D in racing-si.
1. Facts of recognition;
A. On May 16, 2014, the Plaintiff filed a lawsuit against C in Busan District Court 2014 Ghana24259, and received a judgment from the said court that “C, E, and F shall jointly and severally pay to the Plaintiff 20,65,130 won and 6,820,559 won, whichever is applicable, 20% per annum from January 3, 2014 to the date of full payment.” The said judgment became final and conclusive on June 10, 2014.
B. On July 17, 2016, C succeeded to 2/13 shares (hereinafter “C shares”) of 1,680 square meters (hereinafter “instant real estate”). G association, which is the right to collateral security of the instant real estate, has completed inheritance registration on December 6, 2017 by subrogation of the heir.
C. C entered into a gift agreement with the Defendant with respect to C shares among the instant real estate, which is the only real estate on September 20, 2018, and completed the registration of ownership transfer under the name of the Defendant on October 8, 2018.
C At the time of donation to the Defendant of C shares in the instant real estate, there was no particular property other than C shares in the instant real estate, and there was a debt of not less than 29,509,000 won, including a debt to the Plaintiff.
[Ground of recognition] The entry of Gap evidence Nos. 1 through 4, the head of Youngdo, H, and the fact-finding results of the Minister of Court Administration's fact-finding, the purport of the whole pleadings
2. Judgment on the parties' arguments
A. According to the facts of the recognition of fraudulent act and intent to commit suicide, since C has deepened insolvency by donating real estate, which is almost the only property of C, to the defendant, the gift of this case constitutes fraudulent act, and the defendant's bad faith is presumed to be the beneficiary.
B. At the time of the instant donation, the Defendant did not know that C was liable to the Plaintiff at the time of the instant donation, and paid C money in the name of living expenses and educational expenses. Of the instant real estate for partial repayment of the money received by C from the Defendant, C.