사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 2, 2009, the promoting mutual savings bank received a recommendation for performance against B to the effect that “B shall pay 45,858,785 won and interest interest thereon to the promoting mutual savings bank,” and the said decision was finalized on September 18, 2009.
B. On June 15, 201, the promoting mutual savings bank transferred the above claim against the Plaintiff, and then notified the Plaintiff of the transfer of the claim to the Plaintiff.
C. On the other hand, on July 9, 201, the registration of ownership transfer was completed in the Defendant’s future on the grounds of inheritance by consultation and division as to each real estate listed in the separate sheet, which was owned by C (hereinafter “each real estate of this case”).
(hereinafter “instant inheritance registration”). D.
At the time of the inheritance registration of this case, C had seven children including B and the Defendant, and B had a debt excess status.
E. As to each real estate of this case, ① the establishment registration of a neighboring agricultural cooperative consisting of the debtor C, the mortgagee C, the mortgagee of the right to collateral security (hereinafter “establishment registration of a neighboring residential cooperative”) on November 14, 1994, ② on October 17, 1998, the maximum debt amount of 4 million won, C, the debtor C, the person holding a right to collateral security (hereinafter “the establishment registration of a neighboring residential cooperative”) and ③ the debtor, C, the person holding a right to collateral security (hereinafter “the establishment registration of a neighboring residential property of this case”), ③ the maximum debt amount of 9.5 million won on April 16, 1999, C, the debtor C, the person holding a right to collateral security (hereinafter “the third neighboring residential property of this case”), and ④ on April 11, 201, the establishment registration of a neighboring residential property of this case was completed, respectively.
(F) The registration of ownership transfer was completed in the future on the ground of sale on October 7, 201, on the instant real estate, due to the purchase and sale conducted on October 7, 2011, and the registration of creation of a neighboring mortgage was revoked.
[Ground of recognition] There is no dispute.