사해행위취소
1. As to the Plaintiff, Defendant C’s KRW 26,867,760 and KRW 13,462,461 among them, the period from June 25, 2019 to the date of full payment.
1. Basic facts
A. The Plaintiff’s claim 1 against Defendant C) around June 8, 2012, E loaned KRW 15 million to Defendant C with interest rate of KRW 37.8% per annum and interest rate of KRW 39% per annum. The said bank transferred the loan claim to the Plaintiff on December 15, 2015 and notified the said Defendant of the transfer of the loan claim. (2) The Defendant C delayed the payment of interest on the loan. As of June 24, 2019, the unpaid interest amount of the loan obligation was KRW 26,867,760 in total, and the principal amount was KRW 13,462,461 in total.
B. The Defendants’ agreement on division of inherited property 1) The real estate listed in the [Attachment List] (hereinafter “instant real estate”).
F. F. (hereinafter referred to as “the deceased”).
(2) On June 14, 2014, upon the death of June 14, 2014, Defendant C and G, and H, the spouse of the Defendant C and G, and H, jointly inherited the Deceased. Defendant C and G, and H, on the same day, jointly inherited property division agreement with the content that Defendant D inherited the instant real estate solely (hereinafter “instant inherited property division agreement”).
(2) At the time of the instant agreement on the division of inherited property, Defendant D completed the registration of creation of a mortgage on December 11, 2014 with respect to the instant real property on the grounds of inheritance by division. (2) At the time of the instant agreement on the division of inherited property, the registration of creation of a mortgage on the instant real property was completed, which was the mortgagee as an I organization, and the registration of creation of a mortgage on the basis of the maximum debt amount of the deceased, which was the debtor, was completed, with the registration of creation of a mortgage on the grounds of termination on December 11, 2014.
C. At the time of the agreement on the division of the inherited property in this case, including the financial status of Defendant C, Defendant C, as active property, did not have any property other than 2/9 other than the inheritance shares of the amount equivalent to KRW 19,33,333 of the market value of the instant real estate. However, as passive property, in addition to the acquisition amount of the Plaintiff, Defendant C bears each of its loans of KRW 13,465,00 against the J bank, KRW 2,081,00 against the K bank, KRW 2,116,00 against L, and KRW 8,116,00 against the K bank, a small property has
On the other hand, the real estate of this case.