사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Facts of recognition
The Plaintiff leased C (former name: D) a total of KRW 20 million on December 10, 2013, KRW 30 million on November 14, 2014, KRW 100 million on November 27, 2014, and KRW 50 million on November 27, 2014.
(hereinafter) On February 16, 1994, the Defendant completed a marriage report with C on February 16, 1994, and completed his/her child E (FFs) and G (Hs). On March 2, 2015, C filed a lawsuit against the Defendant for divorce and a claim for division of property, etc., and on June 9, 2015, conciliation was concluded as follows in the divorce case.
(hereinafter “instant divorce conciliation”) 1. C and the Defendant are divorced.
2. The defendant shall be designated as a person with parental authority over, and care for, E and G;
3. The defendant shall not claim the child support for E and G to C, except in extenuating circumstances.
4. C freely visits E and G.
5. C is a division of property to the Defendant;
(a) After selling the real estate listed in the separate sheet No. 1 (hereinafter “instant housing”) and then paying the remaining amount after deducting tax and public charges and 70,000,000 won from the purchase price, until December 31, 2015;
B. Each procedure for the registration of ownership transfer shall be implemented until June 30, 2015 with respect to each real estate listed in the separate sheet No. 2 list. 3.
6. The C and the Defendant shall waive all of their property rights related to the divorce of the instant case, such as consolation money and division of property, in addition to those stipulated above against each other.
7. The costs of lawsuit and the costs of mediation shall be borne respectively;
C On June 10, 2015, following the date the divorce conciliation of the instant case was constituted, C completed the registration of creation of a neighboring agricultural cooperative consisting of the maximum debt amounting to KRW 76,80,000,000,000 for the instant housing as the secured debt, with the loan obligation as the secured debt.
After that, on July 7, 2015, C completed the registration of ownership transfer for the Defendant on the ground of sale as of July 6, 2015, and “the registration of ownership transfer”.