사해행위취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3.Paragraphs 1 and 2 of the judgment of the first instance.
1. Facts of recognition;
A. The Plaintiff’s loan claim 1) On September 10, 2013, the Plaintiff entered into an agreement with B on a housing lease loan loan agreement with a loan of KRW 70 million, interest rate of KRW 30 million according to the basic terms and conditions for bank credit transactions, a grace period of three years, and an equal repayment of the principal and interest on repayment method, etc. (hereinafter “instant loan”). The Plaintiff is a loan of KRW 70 million to B (hereinafter “instant loan”).
2) As of August 7, 2017, the Plaintiff’s instant loans as of August 7, 2017 remain in KRW 3,316,605.
B. On September 16, 2015, B entered into a sales contract with the Defendant, who is the Dong-dong, to sell the real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 25 billion (hereinafter “instant sales contract”), and completed the registration of transfer of ownership based on the instant sales contract as Seoul Northern District Court’s Dobong Branch Office No. 85836, Oct. 1, 2015 (hereinafter “instant sales contract”).
C. Insolvent B was the sole property at the time of the instant sales contract, and the small property was already owned in excess of the active property.
1) At the time of the instant sales contract, the right to collateral security was set up with the maximum debt amount of 45 million won (the mortgagee C) and 60 million won (the mortgagee D) on the instant real estate at the time of the instant sales contract (hereinafter the above right to collateral security was referred to as the “instant right to collateral security”).
(2) On the other hand, the market price of the instant real estate was 25 million won at the time of the closing of the argument in the instant case after the date of the instant contract.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 11 (including partial numbers), the Court Administration of the first instance court, and the Seoul Northern District Court's Dobong registry.