사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On December 13, 2010, the Plaintiff supplied C with a 39,800,000 won monet, and C agreed to pay the price to the Plaintiff by September 30, 2011.
B. On June 11, 2012, C completed the change of the owner’s registration on the vessel listed in the separate sheet (hereinafter “instant fishing vessel”) to the Defendant, who is the ASEAN, on June 11, 2012.
C. On October 30, 2012, the Plaintiff filed a lawsuit seeking the payment of the full-time uniforms with respect to Gwangju District Court Branch 2012Kadan6537, which decided on April 23, 2013, that “C shall pay to the Plaintiff KRW 22,30,000 and the amount calculated at the rate of 6% per annum from October 1, 201 to November 1, 2012, and 20% per annum from the next day to the date of full payment,” and the above judgment became final and conclusive as is.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Plaintiff’s assertion and judgment thereon
A. On June 11, 2012, the Plaintiff’s assertion C transferred the instant fishing vessel, the sole property of which was the Plaintiff’s claim against the Plaintiff, to the Defendant, who is the Plaintiff. The said fishing vessel’s change agreement constitutes a fraudulent act and thus ought to be revoked. The Defendant is obliged to implement the procedure for cancellation of the owner’s change registration, which was completed on June 11, 2012, with respect to the instant fishing vessel, by restitution to its original state.
B. In order to revoke the instant fishing vessel transfer act by deeming the instant fishing vessel transfer act as a fraudulent act, it should be proved that such act is an act of making it impossible for creditors to fully satisfy their claims by causing a shortage of joint security of claims against C or a lack of joint security that has already been insufficient.
However, it is not sufficient to recognize the above facts as to the transfer time of the instant fishing vessel or the relationship between C and the Defendant.