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(영문) 서울남부지방법원 2019.08.22 2018가단264530

사해행위취소

Text

1. On May 30, 2018, as to the real estate stated in the separate sheet between the defendant and D, a substitute contract entered into on May 30, 2018 is 16,029.

Reasons

1. Basic facts

A. On February 9, 2017, the Plaintiff’s claim against D lent KRW 19,454,631 to D on February 9, 2017 at the repayment date on February 202, 202, the agreed rate of KRW 27.9% per annum, and interest rate of arrears rate of KRW 27.9% per annum. Upon D’s delay in the payment of installment, the Plaintiff filed an application for payment order with Seoul Central District Court as Seoul Central District Court No. 2013,07159. On October 29, 2018, the said court issued the payment order with regard to KRW 17,083,008 and the amount of KRW 16,029,96 to D and the amount of KRW 16,029,96 per annum from October 27, 2018 to the date of full payment. The above order became final and conclusive on October 1, 2018.

B. D’s disposal of the property 1) On May 30, 2018, D transferred the ownership of the real estate indicated in the attached list (hereinafter “instant real estate”) to repay KRW 295,00,000 among the Defendant’s debt owed to the Defendant, and if the ownership of the instant real estate is transferred to the Defendant, the ownership of the instant real estate shall be deemed to have been fully repaid to the Defendant (hereinafter “instant accord and satisfaction contract”).

On the same day, the Seoul Southern District Court completed the registration of establishment of a mortgage on May 30, 2018 with respect to the instant real estate as the receipt No. 10397, the registration of establishment of a mortgage was completed on the same day. 2) The instant real estate was cancelled on the grounds of termination on May 28, 2018, prior to the conclusion of the instant payment contract, on February 28, 2014, the maximum debt amount of the instant real estate was KRW 202,80,000, the debtor D, and the collective security E-mortgage; and the registration of establishment of a mortgage on March 18, 2014, the registration of establishment of a mortgage was completed on the second-class collective security that became the debtor D, and the debtor F, the collective security was revoked on the grounds of termination on May 28, 2018.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 5, the purport of the whole pleadings

2. The assertion and judgment

(a) No dispute exists between the parties to the establishment of the fraudulent act, or entry of Gap evidence Nos. 5 to 8, and Eul evidence Nos. 1, 3, and 5.