사해행위취소
1. Revocation of a gift agreement of KRW 120,000,000 entered into on February 9, 201 between the Defendant and B.
2. The defendant shall make the plaintiff 120.
The summary of the case is that the plaintiff claims that B paid KRW 120 million to the defendant is a fraudulent act by gift and that the plaintiff seeks the revocation of the act of donation and the payment of the amount equivalent to the donation as the subsequent restitution.
On May 27, 2010, Es Savings Bank Co., Ltd. (hereinafter “Bankruptcy Bank”) entered into a credit transaction agreement with D Co., Ltd. (hereinafter “D”) with KRW 8.5 billion and KRW 9 billion under the joint and several guarantee of D and C, and borrowed the above money to D.
D has not paid interest on loans from July 27, 2011 to KRW 8.5 billion, and from August 19, 201 to the Bankruptcy Bank from August 201 to KRW 9 billion.
On September 25, 2012, the Bankruptcy Bank filed with D, B, and C an application for a payment order seeking delayed payment from July 27, 2011 to August 19, 2011 with respect to the amount of KRW 850 million out of the above amount of KRW 1.759 billion and the above amount of KRW 850 million, which falls under part of the above loan under the Incheon District Court Decision 2012j12494, and from August 19, 201, the above payment order was finalized for C and D, but the above payment order was impossible to serve the original copy of the payment order for B, and was implemented as litigation proceedings (the Incheon District Court Decision 2013Da3049).
The Bankruptcy Bank was declared bankrupt on September 26, 2012 by the Incheon District Court 2012Hahap9.
On April 8, 2013, the plaintiff who taken over a bank in bankruptcy was sentenced to a favorable judgment in the above litigation case against B, and the above judgment became final and conclusive on May 16, 2013.
B on February 9, 2011, deposited KRW 120 million in the agricultural bank account in the name of the Defendant, the wife, by withdrawing KRW 120 million from the bank account in his name.
hereinafter referred to as "deposit in this case"
B) At the time of Seopopopopoposi, E forest land E 612 square meters (total, F road 171 square meters, 51/171 square meters of total, F road 247 square meters of total, G road 247/247 shares, and 40/135 square meters of H road 135 square meters of total, but B’s active property value, including this, is B.