사해행위취소
1. The plaintiff's appeal and the plaintiff's selective claim added by this court are all dismissed.
2. Appeal;
1. Facts of recognition;
A. On July 11, 2012, Co-Defendant A of the first instance trial (hereinafter “A”) borrowed KRW 21,00,000 from one Capital Co-Defendant A (hereinafter “I Capital”) at the lending period of 48 months, interest rate of 24.9% per annum, and delay damages rate of 34.9% per annum. From September 5, 2013, the Co-Defendant A lost its interest during the lending period.
B. On May 26, 2015, Han Capital transferred the above loan claims (such as principal KRW 17,174,520, interest, etc.) to the Plaintiff, and notified Defendant A of the assignment of claims on June 30, 2015.
As of April 10, 2017, the principal and interest of the instant claim is KRW 34,469,294.
C. On May 2, 198, the Defendant and A reported marriage on May 2, 198, but on June 19, 2006, reported divorce.
A owned the real estate listed in the separate sheet (hereinafter “instant real estate”) from around 1994, but completed the registration of ownership transfer in the Defendant on May 22, 2013 for the reason of “sale on May 14, 2013” (hereinafter “instant sale”).
At the time, the price of the instant real property was KRW 330,000,000.
The plaintiff acknowledged the price alleged by the defendant as it is.
E. As to the instant real estate, KRW 257,400,000 of the maximum debt amount set on June 15, 2010, and trade name after the change of the debtor A and the former Mutual Savings Bank Co., Ltd., the mortgagee A and the former Mutual Savings Bank: hereinafter referred to as the “former Mutual Savings Bank”).
The registration of the establishment of a neighboring mortgage was completed on May 22, 2013, but the registration of the establishment of a new establishment was cancelled immediately after the registration of the establishment of a neighboring mortgage was made in the name of the Defendant on May 22, 2013, and immediately the maximum debt amount of KRW 255,60,000, the debtor, the defendant, and the Korean C&C Co., Ltd. was completed.
F. The instant real estate was leased by G. However, the Defendant amounting to KRW 130,00,000 on May 15, 2013, 201 and KRW 120,00,000 on May 22, 2013.