사해행위취소
1. As to shares 2/11 of the real estate listed in the Schedule,
A. The Defendant and Nonparty C concluded on April 17, 2018.
Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1, 5, and 11, Nonparty D, a creditor of Nonparty C, may recognize the fact that around May 20, 2004, Nonparty D, a creditor of Nonparty C, was a non-party E Co., Ltd., and E Co., Ltd., the Plaintiff around June 15, 201, that the claims against each of the non-party C were transferred to the Plaintiff, and that C, a creditor of each of the non-party C, was holding an agreement on the division of inherited property that the Defendant solely succeeds to 2/11 shares (property inherited from the networkF) out of the real estate indicated in the separate sheet, which is the only property in excess of the debt, on April 17, 2018, and accordingly, it was recognized that the registration of ownership transfer was completed under the Incheon District Court No. 387814, Oct. 15, 2018.
According to the above facts, the disposition of this case shall be revoked as it constitutes a fraudulent act detrimental to the creditors of C including the plaintiff, and the defendant shall be obligated to implement the procedure for cancellation registration of 2/11 shares of the real estate stated in the separate sheet.
As to this, the Defendant asserted that the period of extinctive prescription of the Plaintiff’s claim against C was completed, comprehensively taking account of the overall purport of the pleadings as a whole, following the following facts: G corporation filed a payment order against C around July 18, 2006 with the Busan District Court Decision 2006 tea5257, which sought payment of the transfer amount; the above payment order became final and conclusive around August 8, 2006; the Plaintiff received the transfer execution clause from the Plaintiff as the secured bond and received the seizure and collection order (this Court Decision 2014TTTT), and after December 17, 2014, the Plaintiff filed an application for the payment order with the Seoul Central District Court Decision 2018Hu137471, Dec. 18, 2018, which became final and conclusive.
. This is the same.