사해행위취소
1. As to real estate listed in the separate sheet:
A. A donation contract concluded on March 7, 2012 between the Defendant and C.
1. Basic facts
A. (i) On August 29, 2003, the Plaintiff loaned KRW 20 million to C on the part of August 29, 2003, and received from C a notarized deed as to promissory notes as of August 29, 2003, the date of issuance, and December 29, 2003.
The plaintiff filed an application for the payment order of the above loan, etc. against C (U.S. District Court 2012 tea7684), and the payment order was served to C on April 29, 2013, and the payment order became final and conclusive on May 14, 2013.
B. On March 7, 2012, C entered into a gift agreement with the Defendant on the real estate indicated in the separate sheet (hereinafter “instant real estate”) that is the only property between the Defendant and the Defendant (hereinafter “instant gift agreement”) with respect to excess of debt (hereinafter “instant real estate”). On the same day, C entered into an agreement on the transfer of ownership (No. 6068 of receipt on March 7, 2012) with the Defendant on the same day.
【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 6, the purport of the whole pleading
2. Determination as to the cause of claim
A. The beneficiary or subsequent purchaser, the other party to the revocation suit, who filed a lawsuit against the debtor seeking performance of the obligation and the judgment in favor of the creditor becomes final and conclusive (see, e.g., Supreme Court Decision 2003Da19572, Jul. 11, 2003). As seen earlier, as the Plaintiff requested a payment order against C and the payment order became final and conclusive on May 14, 2013, the defendant who falls under the beneficiary cannot contest the existence or scope of the Plaintiff’s claim against C, and thus, the Plaintiff’s claim against C based on the above payment order becomes the preserved claim of the obligee’s right of revocation.
B. Where the obligor’s property is insufficient to satisfy the entire obligation, if the obligor’s only property is transferred without compensation, it would be special.