사해행위취소
1. On April 14, 2013, concluded between the defendant and the non-party B on the real estate stated in the separate sheet.
1. Facts of recognition;
A. Nonparty Samsung Card Co., Ltd. had a credit card use claim against Nonparty B, and transferred the said claim to Solomon Savings Bank on November 11, 2010. On December 30, 2011, Solomon Savings Bank transferred the said claim to Solomon Savings Bank to the Nlomon Savings Company, and on May 29, 201, the Nolomon Savings Company transferred the said claim to the Plaintiff. < Amended by Act No. 1037, Dec. 30, 2011; Act No. 11858, May 29, 2013>
B. Since then, the Plaintiff filed an application with the Seoul Central District Court for the payment order against B (Seoul Central District Court 2014Da112674), and the above court issued the payment order with the purport that “B shall pay to the Plaintiff 13,891,529 won and 4,970,658 won among them at the rate of 20% per annum from June 4, 2014 to the date of full payment (hereinafter “instant payment order”). The above payment order was finalized on June 18, 2014.
C. C, as referred to in B, died on April 14, 2013, and as the inheritor, there is a spouse, E, F, B and the Defendant, who is the spouse.
On April 14, 2013, the inheritors of C made an agreement on the division of inherited property (hereinafter “instant apartment”) with the content that the Defendant would independently inherit the real estate indicated in the attached list, which is inherited property (hereinafter “instant apartment”). Based on the above agreement, the Defendant completed the registration of ownership transfer for the instant apartment on July 5, 2013.
E. On December 4, 2015, the Defendant sold the instant apartment to Nonparty G, and completed the registration of ownership transfer on December 8, 2015.
F. Meanwhile, at the time of the instant agreement on the division of inherited property, B did not have any particular property other than the inheritance shares of the instant apartment, while B had a liability of KRW 100 million or more.
G. The market price of the instant apartment is KRW 70 million at the time of the instant agreement on division of inherited property (based on July 5, 2013), and KRW 79 million at the time of the closure of the instant argument (based on July 6, 2016).
[Ground of recognition] A.