사해행위취소
1. Defendant B’s interest rate of KRW 20,100,705 and KRW 14,308,342 among the Plaintiff shall be from June 11, 2019 to the date of full payment.
Claim against Defendant B
(a) Indication of claims: To be as shown in the reasons for the claims;
B. Grounds for recognition: (a) Each statement in the judgment by service (Article 208(3)3 of the Civil Procedure Act) against Defendant C, as to the claim Nos. 1, 2, and 4 (including each number), and the fact-finding with the Minister of the National Court Administration of this Court; (b) comprehensively taking account of the result of the order issued by the court to submit financial transaction information to D agencies of this case, E transferred to FF Co., Ltd. on October 13, 2017, the above company transferred credit card payment claims against Defendant B to the Plaintiff on April 16, 2018; (c) each of the above transfers was notified to Defendant B at each time of transfer; (d) Defendant B sold each of the real estate listed in the separate sheet (hereinafter referred to as “each of the instant real estate”) to Defendant C on December 24, 2018; and (e) the registration of ownership transfer was completed on January 9, 2019; and (e) each of the instant real estate owned by Defendant B, the sole beneficiary of each of the instant real estate.
As to this, Defendant C did not know that it would prejudice the general creditors of Defendant C at the time of the instant sales contract, but it is not sufficient to recognize the same merely with the descriptions of the evidence Nos. 1 and 2 (including the virtual number). Since there is no other evidence to acknowledge it, Defendant C’s defense is without merit.
Therefore, the instant sales contract should be revoked as a fraudulent act, and as a result, Defendant C is obligated to cancel the registration of transfer of ownership of each of the instant real estate to Defendant B.
Therefore, the plaintiff's claim against the defendant C is reasonable and acceptable.