사해행위취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. Facts of recognition;
A. H loaned a total of KRW 4,00,000,000 when entering into a credit transaction agreement with D Co., Ltd. (the trade name before the change was made; hereinafter “D”).
(hereinafter “instant loan”). On July 20, 2007, the said bank transferred the instant loan claim to the Plaintiff.
B. The plaintiff filed a lawsuit against D, etc. (Seoul Central District Court 2008Gahap73194), and on August 13, 2010, the judgment of the court below became final and conclusive between D and D on January 5, 2007 to April 4, 2007, with an amount of 10% per annum from the next day to the day of full payment, with an amount of 22% per annum from the next day to the day of full payment, and with an amount of 1,00,000,000, with an amount of 22% per annum from July 7, 2007 to the day of full payment.
(hereinafter referred to as “related acquisition money lawsuit”). (c)
D On April 19, 2017, on April 11, 2017, the registration of the right to claim transfer of ownership was completed on April 11, 2017 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). D. The registration of the right to claim transfer of ownership was completed on April 11, 2017.
At the time of the promise to sell and purchase the instant real estate, the instant real estate was located in D’s active property, and as a small property, several debts, including the Plaintiff’s obligation to take over the instant real estate, and the Defendant’s obligation to borrow money.
E. The instant real estate was collapseed on January 16, 2019, and on February 1, 2019, the registration of the said real estate was completed.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4, 9, Eul evidence 10-1, 2, and 3, the purport of the whole pleadings
2. The defendant's grounds for appeal are as follows: (a) the defendant's plaintiff, D, and G (hereinafter "G") entered into a debt acquisition agreement on May 28, 2009; (b) the debt principal of KRW 4,00,000,000 in installments for two years; (c) the defendant shall pay 3% interest per annum for one year; and (d) the other year shall pay 10% interest per annum for the principal and interest per annum.