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(영문) 의정부지방법원 2020.02.07 2019가단6461

사해행위취소

Text

1. The plaintiff's successor's claim is dismissed.

2. The costs of lawsuit shall be borne by the intervenor succeeding to the plaintiff.

Reasons

1. Basic facts

A. On January 20, 2017, F Co., Ltd. loaned KRW 13,000,000 to E, and on September 21, 2017, F transferred the principal and interest interest claim to the Plaintiff.

B. On January 18, 2018, the payment order was finalized to the effect that “E shall pay to the Plaintiff 11,085,322 won and damages for delay as to KRW 9,970,110 among them,” on the ground that E has lost the benefit of the due date due to delinquency in the repayment of the principal and interest of the loan.

C. Meanwhile, on the other hand, on November 3, 2016, E completed the registration of ownership transfer on October 4, 2016 with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”) on which the registration was completed under the Defendant’s name.

However, around 2017, the Defendant asserted to the effect that “E agreed to sell and purchase the instant real estate on condition that all the establishment registration and debt incurred in the instant real estate will be taken over, and provided documents necessary for the transfer of the registration, but E failed to perform obligations, such as debt acquisition, unlike the agreement, and thus E would thus rescind a sales contract with E.” (hereinafter “the instant judgment”), the Defendant filed a lawsuit against E on the claim for ownership transfer registration based on the restoration of real name and received a favorable decision in favor of a non-litigation (hereinafter “the instant judgment”), and completed the registration of ownership transfer based on the restoration of real name on December 1, 2017 following the final judgment.

(hereinafter “instant transfer registration”). E.

On August 8, 2019, the Plaintiff transferred all claims to the Intervenor succeeding to the Plaintiff, including the principal and interest of the loan to E.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 through 5, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s succeeding intervenor, on December 1, 2017, agreed upon the transfer of ownership to the instant real estate on December 1, 201.