사해행위취소 등
1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Facts of recognition
On June 9, 2012, the Plaintiff entered into a loan agreement for installment financing debate between C and C on a new model of automobiles listed in the separate sheet (hereinafter “instant automobiles”), and completed the procedure for registration of establishment of a right to collateral security with a credit amount of KRW 93,500,000,000, based on the claim for loans under the said loan agreement as the secured claim regarding the instant automobiles.
C On April 9, 2014, without the Plaintiff’s consent, the instant motor vehicle is KRW 42,30,000,000 for the vehicle value, and the remaining installment payments to the Plaintiff were sold to the Defendant (hereinafter “instant sales contract”) by the Defendant, and the transfer registration procedure was completed in the name of the Defendant.
In accordance with the agreement with C, the Defendant paid the instant installment to the Plaintiff from April 2014 to August 2014, but began to pay the installment from September 2014.
C bears the obligation to pay installments of KRW 29,950,834 as of December 16, 2014.
[Ground of recognition] without any dispute, Gap's 1-3, Eul's 1-2, and Eul's 1-2, and the plaintiff's argument as to the whole purport of pleading as to the plaintiff's argument was sold to the defendant in excess of debt, so the above sales contract should be revoked as a fraudulent act, and the defendant has a duty to implement the procedure of cancellation of ownership transfer registration as to the automobile of this case due to restitution.
Judgment
If the right to collateral security has been established on the immovables owned by the debtor or a third party, and the value of such immovables and the maximum debt amount have been secured by the creditor against the total debt amount in excess of the debt amount, such act of disposal of the debtor's property does not prejudice the creditor, and even if the debtor disposes of the only property, it does not constitute a fraudulent act against the creditor.