사해행위취소
1. As to the real estate stated in the separate sheet between the Defendant and B, a donation contract concluded as of July 17, 2017 between the Defendant and B shall be 19,78.
The Plaintiff filed a claim against B for a payment order (Seoul Central District Court 2016 tea25389) stating that “B shall pay to the Plaintiff 18,266,50 won and KRW 5,122,951 per annum from January 12, 2016 to the date of full payment (Seoul Central District Court 2016 tea25389). The payment order became final and conclusive on March 3, 2016; B entered into a donation contract with the Defendant on July 17, 2017 (hereinafter “instant contract”); B entered into a mortgage agreement with respect to the real estate stated in the separate sheet (hereinafter “instant real estate”); and completed the registration of ownership transfer on July 18, 2017; B was in excess of the debt at the time of the conclusion of the instant contract; the Defendant did not dispute the maximum debt amount set by the Defendant on March 27, 199; and CB was not subject to the cancellation of the maximum debt amount set by the Defendant, the debtor and CB bank.
As seen earlier, the act of donation to the Defendant of the instant real estate, which was the sole property of B, whose debts had been in excess at the time of the instant contract, constitutes a fraudulent act detrimental to the interests of other creditors.
At that time, B seems to have been aware of the fact that the joint security for general creditors was reduced by this, and therefore, B's intention to commit suicide is recognized, and the defendant's bad faith as beneficiary is presumed also.
In the event that the registration of creation of a neighboring mortgage was cancelled due to subsequent repayment, etc. of a fraudulent act, cancellation of the fraudulent act and order of restoration of the real estate itself would be an order to recover the portion that was not originally owned by the general creditors as joint collateral. Therefore, it would result in violation of fairness and fairness. Therefore, only a fraudulent act may be cancelled and the amount equivalent to the value thereof may be claimed from the value of the real estate only to the extent of the balance remaining after deducting the secured debt amount of the mortgage. The value