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(영문) 수원지방법원 평택지원 2018.01.19 2017가단2309

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As of February 21, 2017, the Plaintiff owned KRW 16,303,792 (principal KRW 13,888,091, fee, interest, delay rate, KRW 2,415,701, and date of delay delay) with respect to Nonparty B as of February 21, 2017.

B. B sold the instant real estate in KRW 80,000,000 to the Defendant on May 30, 2016, and completed the registration of ownership transfer on the same day.

C. The Defendant paid the purchase price to B as follows:

① On May 30, 2016, KRW 18,800 [2,800,000 [2] [2,000,000 won for the withdrawal check at KB National Bank (B) ] 5,000,000 won in cash for the withdrawal check at KB National Bank (B) 2] 2.8,800,000 won in cash lent to Nonparty D by Nonparty C (B 3) / [2,80,000 won in cash lent to Nonparty D 2,50,000 won in cash / [2,00,000 won in checks deposited at KB Bank / [2] 30,00 won in cash for the withdrawal of banks at KB Bank / [3] 2,000,000 won in cash for the withdrawal of banks at the KB Bank / [3] 30,200,000 won in Gyeyang Livestock Industry Cooperatives (B) / [3] 20,5,20006.

(4) Total amount of KRW 80,000,000 (=18,800,000,000 KRW 83,200,000)

D. At the time of the instant sales contract, B was in excess of debt or insolvency.

[Ground of recognition] The fact that there is no dispute, Gap 1 through 3, Eul 2, 3, 5, and 11 (including paper numbers; hereinafter the same shall apply), the chief of the credit information court of this court, the chief of the credit information court of this court, the fact-finding reply to the Minister of National Court Administration

2. According to the facts based on the determination as to the cause of the claim, the sales contract of this case shall be revoked within the limit of KRW 16,303,792, which is the Plaintiff’s preserved claim, as it would be a fraudulent act detrimental to the creditors, including the Plaintiff, unless there are special circumstances, to sell the real estate of this case, which is the only property of the Defendant and complete the registration of ownership transfer.

Furthermore, according to the statements in Gap and Eul, the right to collateral security in the name of the Gyeyangup Cooperative was cancelled on June 22, 2016, after the registration of ownership transfer was completed to the defendant.