사해행위취소 등
1. The gift contract between the Defendant and C on August 21, 2017 entered into between the Defendant and C on the real estate stated in the separate sheet is 5,731.
1. Basic facts
A. On September 25, 2013, the Plaintiff extended a general household loan with a loan of KRW 92,00,000 to C as of September 25, 2013 and with a loan maturity as of September 25, 2013.
Since then, C did not pay the installment repayment, the benefit of June 2, 2016 was lost, and as of February 27, 2018, there were 76,322,364 won of the loan principal, overdue interest 21,282,248 won.
B. C took out a loan of KRW 467,00,000 and KRW 8,000,000 from each E Co., Ltd. (hereinafter “E”) under its own name D on January 2, 2017.
In addition, on January 12, 2017, the debtor entered into a trust security agreement with F Co., Ltd. with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) that was one’s own owned by F Co., Ltd., and with F Co., Ltd., the first and second priority beneficiaries are E (the first priority beneficiary ceiling of 610,000,000, the second priority beneficiary beneficiary ceiling of 11,00,000,000), and the debtor entered into a trust security agreement with C’s wife D.
At the same time, C completed the registration of ownership transfer for the instant real estate based on the said trust to F Co., Ltd. on the same day, and completed the mortgage contract with E as the maximum debt amount of KRW 15,00,000, and the debtor D.
(B) On January 19, 2017, G Co., Ltd. created a pledge right to collateral security (right to collateral security).
On April 13, 2017, E applied for a voluntary auction on the instant real estate based on the foregoing collateral security (U.S. District Court Sungnam Branch H), and withdrawn the said request for auction on July 28, 2017.
C After completing the registration of ownership transfer on the instant real estate on the ground of the reversion of trust property on August 21, 2017, C: (a) the instant real estate was donated to the Defendant with the Defendant, who is his/her father, and (b) the Defendant entered into a gift agreement under which the Defendant takes over the obligation of KRW 475,00,000 for E (hereinafter “instant gift agreement”); and (c) the registration of ownership transfer on the ground of the instant gift agreement on August 23, 2017.