사해행위취소등
1. It was concluded on November 4, 2012 with respect to the share of 1/4 of the real estate listed in the separate sheet between the Defendant and B.
1. The following facts may be acknowledged, either in dispute between the parties, or in full view of the purport of all pleadings as a result of the request to the director of the Incheon District Court for the delivery of documents to the director of the registration division of the Busan District Court.
B A around September 5, 2000, a loan was received from the Korea Exchange Bank at the maturity of KRW 200,000,000 from Korea Exchange Bank at the rate of 19% per annum on March 5, 2007.
B. On October 29, 2008, the Korea Exchange Bank (Korea Exchange Bank) transferred its loan claims against B to the social company of the Dongyang branch around February 6, 2009, and notified it to B around February 6, 2009.
After that, the Seoul Central District Court 2009da74173 filed a lawsuit against B to claim for the payment of the amount received, and on May 14, 2009, sentenced that “Defendant B shall pay to the Plaintiff the amount calculated by the rate of 20% per annum from March 18, 2009 to the day of complete payment” from the above court.
C. On November 1, 2010, the Dongyang Social Co., Ltd. transferred its claim against B to the Plaintiff on November 1, 2010, and notified it to B on November 9, 2010.
On the other hand, as the father C died on November 4, 2012, on the same day, the agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) was concluded with the purport that the real estate in the separate sheet, which is inherited property by the Defendant, B, D, and E, as the children of C, shall belong to the Defendant (hereinafter “instant real estate”).
Accordingly, the defendant completed the registration of transfer of ownership in the name of the defendant under the name of the Incheon District Court No. 132877, Dec. 24, 2012, based on the agreement on division of the inherited property of this case as to the real property of this case.
E. At the time of the instant agreement on the division of the inherited property, B was insolvent in addition to the inheritance shares in the instant real estate, with no particular active property, and as of the closing date of the pleadings in the instant case.