사해행위취소
1. The reservation entered into on February 9, 2015 with respect to 1,151.8 square meters in Naju-si between the Defendant and B shall be revoked.
2...
1. The following facts may be recognized in full view of the respective entries in Gap evidence 1 to 7 (including paper numbers) and the entire purport of the pleadings:
The Plaintiff’s claim Hyundai Card Co., Ltd. issued a credit card to B but failed to receive the credit card payment from B. A around March 2015, the Plaintiff transferred the credit card payment claim (the total of KRW 32,818,868 as of March 7, 2015, KRW 1,329,29,290 as of March 7, 2015, and notified the Plaintiff of the fact of transfer on March 10, 2015. The above notification reached B around that time.
B. On February 9, 2015, B filed a provisional registration for the right to claim ownership transfer against the Defendant on the basis of B’s promise, the Gwangju District Court Naju registry No. 3723, Feb. 9, 2015, completed the registration of the right to claim ownership transfer on February 9, 2015.
C. B, including B’s insolvent, did not have any specific property other than the above land at the time of making the provisional registration. From December 27, 2014 to January 27, 2015, two or more financial institutions began to delay the payment of debt to eight or more financial institutions. As of April 2015, there was a debt amounting to 180,000,000 won.
2. Determination
A. According to the facts found in the existence of the preserved claim, the Plaintiff has a claim against B with respect to the above transferred amount, and the above transferred amount claim can be recognized as having been already established at the time of the instant split-off agreement. Thus, the above claim becomes a preserved claim for the obligee’s right of revocation.
B. According to the facts found in the establishment of a fraudulent act, B completed the above provisional registration on the land, which is the only property of the Defendant at the time of the provisional registration as to the above provisional registration, for which the Defendant was the sole property at the time of the said provisional registration, and barring any special circumstance, the above provisional registration shall be revoked as a fraudulent act, and the above provisional registration shall
C. The defendant's defense was determined by the judgment of the court below.