사해행위취소
1. A donation contract concluded on July 5, 2017 between the Defendant and C on the share of 1/2 of the real estate in the attached list.
1. The following facts are acknowledged as either a dispute between the parties or in full view of the evidence set forth in subparagraphs A through 8 and the purport of the entire pleadings.
A. On November 24, 2016, the Plaintiff, medical corporations D (hereinafter “D”) and C commissioned to E and drafted a notarial deed of a monetary loan for consumption (Evidence No. 522, 2016) as follows.
Creditors: Plaintiffs: D and joint and several sureties: C Creditors shall lend KRW 10,000 to debtors on November 24, 2016, and debtors shall repay the interest at the rate of 25% per annum until December 23, 2016.
B. C entered into a donation contract (hereinafter “instant donation contract”) with the Defendant (C and the Defendant, who was the husband at the time of July 5, 2017, who was married on June 18, 1997, but divorced on September 18, 2017) with respect to 1/2 shares of the attached list real estate (hereinafter “instant real estate”). On July 7, 2017, Ulsan District Court Yangsan District Court received the registration of ownership transfer from the Defendant under Article 52395.
2. Determination
A. At the time of entering into the instant gift agreement, C was an employee of D on August 2, 2016, with a loan of KRW 175,00,000 from Hyundai Capital Co., Ltd. to lend to D the instant real estate (Evidence No. 1, No. 1,968,725). However, while D had experienced financial difficulties, C was sentenced to imprisonment with prison labor for more than three years due to the establishment of a non-qualified medical institution, etc. (Evidence No. 14 and the purport of oral argument No. 14) and C was not in a situation where C could easily recover the said claim (Evidence No. 2). In addition to the shares of KRW 1/2,00,00 among the instant real estate, C had a total amount of KRW 175,719,00,000, KRW 300,000, KRW 100,500, KRW 10,000, KRW 10,000,00.