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(영문) 서울중앙지방법원 2015.10.28 2014가합46681

사해행위취소

Text

1. Defendant B shall pay to the Plaintiff KRW 195,00,000 as well as 20% per annum from October 7, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On August 7, 2012, Defendant B issued to the Plaintiff a promissory note with a face value of KRW 195,000,000 at face value, and with a maturity of KRW 195,000 (hereinafter “instant promissory note”). On August 28, 2012, Defendant B drafted a notary public’s notarial deed with the executory power of KRW 377, 2012, with respect to the instant promissory note.

B. On February 19, 2013, Defendant B entered into a sales contract with Defendant C on the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant sales contract”), and completed the registration of ownership transfer in Defendant C on the grounds of the instant sales contract on March 29, 2013.

C. At the time of the instant sales contract, the instant real estate: ① 1,40,00,00 won for the maximum debt amount; ② 140,000,000,000 won for the secured debt amount; ② 140,000,000 won for the secured debt amount; ③ 2; and the debtor; E; and Seoul Special Agricultural Cooperative for the Promotion of the Security Foundation; ③ 7,00,000 won for the secured debt amount; ④ 494,00,000,000 won for the secured debt amount; and ④ 8,00,000,000,000 won for the debtor; and ⑤ 9,50,000,000 won for the secured debt amount; and ④ 13,000,000 won for the secured debt amount; and ④ 13,000,000 won for the debtor, Defendant B; and ③ 13,000,000 won for each of the instant event.

[Ground of recognition] Unsatisfy, A 1.