사해행위취소
1. Shares between the Defendant and D in the real estate listed in paragraph 1 of the attached list and the real estate listed in paragraph 2 of the same list.
In fact, the Plaintiff and D’s financial transaction Plaintiff entered into an agreement on August 1, 2007 with D and D’s loan limit of KRW 15 million, and the deposit for self-reliance as of August 1, 2009 upon the expiration date of the loan period. Since then, the Plaintiff and D entered into a loan transaction in accordance with the above agreement.
On July 29, 2011, Plaintiff and D agreed to reduce the credit limit amount to KRW 13.5 million and to extend the expiration date of the loan period to August 1, 2013. On December 12, 2013, Plaintiff and D agreed to reduce the credit limit amount to KRW 12 million and to extend the expiration date of the loan period to August 1, 2015.
D was unable to repay all the loan obligations to the Plaintiff by August 1, 2015, and as of August 21, 2017, D’s principal and interest of loan was KRW 14,846,328.
The Plaintiff filed an application against D for payment order claiming the payment of the principal and interest of loan with the Suwon District Court Decision 2017Ra400, Suwon District Court Decision 2017Da4000, which became final and conclusive October 11, 2017.
D Ownership D on November 21, 2005, completed the registration of ownership transfer on 406.9/440 of shares in E-ri, Leecheon-si (hereinafter referred to as "E-ri") in F 440 square meters prior to subdivision, and completed the registration of ownership transfer on February 16, 2012.
Before partition, F. F. 440 square meters was divided into F. F. 4 December 4, 2014 into 407 square meters (real estate indicated in paragraph (2) of the attached Table) and G. 33 square meters.
D As regards 33.1/440 of shares of F. F. 407 square meters divided on December 16, 2014, it became the owner of the entire land by completing the registration of transfer of shares due to the division of the jointly owned property.
On June 21, 2013, H completed the registration of creation of a collateral security right and the lending of money, 406.9/440 of D’s share out of F F 440 square meters, prior to subdivision, with respect to the establishment of a collateral security right of KRW 15 million, and I completed the registration of establishment of a collateral security right of KRW 10 million with respect to the same share on May 19, 2014.
On October 16, 2014, the Defendant repaid 12,960,000 won to H, and 9,400,000 won to I, respectively, and on the same day H and I’s 1.