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(영문) 광주지방법원 2015.06.23 2013가단50911

사해행위취소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On December 24, 1998, the Defendant reported a marriage with B on December 24, 1998, and had two children under the sleep, thereby doing married life on July 5, 2013.

B. On April 11, 201, B entered into an agreement with the Plaintiff to pay the loan amounting to KRW 30,000,000 as the interest rate, interest rate, and damages rate for delay calculated by adding 10% per annum to the loan interest rate (the maximum damages rate for delay shall be 21% per annum) in addition to the loan interest rate (the maximum damages rate shall be 21% per annum) in cases of the loan in arrears for more than three months and not more than six months, if the loan in arrears is due to the loss of interest under Article 7 of the General Terms and Conditions for Credit Transactions (tentative) due to the failure to repay the debt on the expiration date of the loan or delay in payment of interest for one month after the expiration date of the loan.

C. B lost the benefit of time due to the Plaintiff’s failure to pay interest after receiving the instant loan from the Plaintiff. As of August 23, 2013, the principal and interest of the instant loan as of August 23, 2013 are KRW 30,948,966 (the principal amount of KRW 327,618 interest rate per KRW 621,348).

B On July 17, 2013, the Defendant entered into a sales contract (hereinafter “instant sales contract”) with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and completed the registration of transfer of ownership with respect to each of the instant real estate by the Gwangju District Court’s receipt No. 148193 on the same day.

E. At the time of the conclusion of the instant sales contract, ① as active property in B, the real estate of this case (including buildings other than the instant land, the market value of which is 115,574,060 won) (in addition to D forest land 7,404m2, 1,798m2, E forest land, 3,471m2, E forest land, 3,471m2, 6,149m2, F forest land, 2,767m2, 5,058m2, H forest land, 5,058m2, and 1 forest land in I forest and field