사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. 1) Busan 2 Mutual Savings Bank (hereinafter “ Busan 2 Mutual Savings Bank”)
(B) Upon filing a lawsuit against B on July 22, 2009, Cheongju District Court 2009 Ghana35808, Cheongju District Court 2009, Cheongju District Court 2009, and on July 22, 2009, “B shall pay 5 million won to Busan 2 Mutual Savings Bank and the amount equivalent to 20% per annum from September 4, 2009 to the full payment date.” (hereinafter “instant bonds”).
(2) On August 26, 2011, the above decision was finalized on September 18, 2009, and the Busan 2 Mutual Savings Bank transferred the instant claim to the Plaintiff through a decision to transfer a contract under Article 14(2) of the Act on the Structural Improvement of the Financial Industry and Article 48 of the Regulations on the Supervision of Mutual Savings Banks. At that time, the administrator of Busan 2 Savings Bank, etc. completed the public announcement of the decision to transfer a contract.
B. B 1) Sub-C (hereinafter “the deceased”) in Section B’s agreement on division of inherited property
(A) On December 26, 2013, the deceased died. The deceased’s heir was the wife, and there were B, D, E, E, F, G, and H, the wife of the Defendant and his/her children, and the said heir was the only inherited property on January 27, 2014 (hereinafter “instant apartment”).
3) The agreement on the division of inherited property (hereinafter “instant agreement on division”) with the content that each party’s share as to the instant apartment is transferred to the Defendant and the Defendant is solely owned by the Defendant.
(2) On January 29, 2014, the Defendant completed the registration of ownership transfer in the name of the instant apartment on the grounds of the instant agreement for division.
3 With respect to the apartment of this case, the registration of the establishment of a mortgage was completed on May 19, 1997, May 26, 2006, and November 12, 2010, and the total amount of the secured debt as of December 26, 2013 was KRW 14 million, but the Defendant terminated the registration of the establishment of a mortgage of the above root on February 21, 2014.
C. B, at the time of the instant consultation and division agreement, is inherited property.