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(영문) 수원지방법원 2015.01.27 2013가단214761

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. On November 18, 201, the Plaintiff, a credit service provider, entered into a loan agreement with C and 400,000,000 won for a fixed interest rate of 2% per month (3% per month if the payment of interest is delayed for at least three days) without fixing the due date, and completed the registration of establishment of each of the above land as joint collateral with respect to the land owned D, E, F, G, H, I, J, J, K, L, and M (hereinafter “joint collateral”) with a maximum debt amount of 3,698,00 won for the same day, and 3,698,000 won for the creation of a security right, and 23,340,000 won for the remainder of 348,340,00 won for the creation of a security right, after deducting the maximum debt amount of each of the above land as joint collateral.

B. On March 8, 2012, the Plaintiff agreed to lend to C additional KRW 100,00,000,000 to C. The Plaintiff agreed to grant to C the remainder of KRW 60,50,000,000 after deducting the total amount of the loan claims of C and the Plaintiff’s loan claims of KRW 500,000,000, and the due date for payment on May 7, 2012, and the interest rate of KRW 2.5% per month (if the payment of interest is delayed for at least three days, 3.5% per month) to the Defendant. The Plaintiff agreed to grant to the Defendant the remainder of KRW 100,50,000 after deducting the total amount of the loan claims of KRW 2,00,000 for notarized promissory notes from KRW 100,000,00 for three-month interest rate of KRW 37,500,000 for the pertinent month.

C. On May 4, 2012, C entered into a sales contract with the Defendant to sell each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) at KRW 40,000,000 (hereinafter “instant sales contract”). On or around the seventh day of the same month, C concluded each of the respective registrations of ownership (hereinafter “each of the instant lands”) stated in the purport of the instant sales contract with respect to each of the instant lands.

[Ground of recognition] A without dispute, Gap evidence 1, Gap evidence 2-1 to 3, Gap evidence 3, Gap evidence 4-1, Gap evidence 5, 6, and others.