사해행위취소
1. The contract between the Defendant and B for the repayment of obligations under Paragraph 1 of the Attached Table concluded on August 22, 2012 shall be revoked.
2...
1. Basic facts
A. Plaintiff B’s claim 1) The Plaintiff filed a lawsuit against the Defendant, C, and D for the claim for the amount of the assignee fee (2005da3225) at the Changcheon District Court, Jincheon District Court, Jincheon District Court, and on August 24, 2005, the same court rendered a judgment on August 24, 2005, “the Defendant, C, and D jointly and severally paid to the Plaintiff KRW 10,000,000 and the damages for delay incurred. The above judgment became final and conclusive on September 31, 2005. 2) The principal and interest of the claim based on the above judgment was KRW 36,625,757 in total as of October 7, 2013, and KRW 7,019,329 in principal out of the above amount.
B. B on August 22, 2012, the Defendant and B entered into a debt repayment agreement as described in attached Table 1 (hereinafter “instant debt repayment agreement”) with the Defendant (hereinafter “instant debt repayment agreement”).
A) On the same day, B prepared and delivered a notarial deed to the effect that there is no objection even if compulsory execution was conducted (No. 560, 2012, hereinafter referred to as “notarial deed of this case”).
(2) The Defendant, based on the executory exemplification of the instant notarial deed, applied for the attachment and assignment order of the claim against the wage claim (hereinafter “instant wage claim”) held by the Changwon District Court Jincheon Fisheries Cooperatives, No. 2012TTB (hereinafter “instant wage claim”) (hereinafter “instant assignment order”), and rendered a decision accepting the Defendant’s application on September 3, 2012. The said decision was served on March 5, 2012 on the Samcheon Fisheries Cooperatives and on November 26, 2012, respectively, on the basis of the original copy of the instant notarial deed, and was finalized at that time.
C. B, at the time of entering into the instant debt repayment contract, the amount of negative property exceeds the amount of active property.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 5, evidence Nos. 6-1, 2, 7 through 9, each fact inquiry conducted by the Ministry of Land, Transport and Maritime Affairs and the Ministry of Land, Transport and Maritime Affairs, and the purport of the whole pleadings
2. The cause of the action.