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(영문) 서울북부지방법원 2018.10.31 2017가단10289

사해행위취소

Text

1. On June 8, 2016, 0.375/5 shares of the real estate listed in the separate sheet between C and the Defendant are concluded.

Reasons

1. Facts of recognition;

A. (i) On July 28, 2010, the Plaintiff lent KRW 2,000,000 to C respectively, and November 30, 2010, KRW 6,000,000 to C respectively.

The Plaintiff filed a lawsuit against C on the loan claim (Seoul Northern District Court 2016Da40645) and rendered a favorable judgment on January 12, 2017, rendered a final appeal in the appellate court on August 23, 2017 (2017Na917) and rendered a final judgment on January 11, 2018 (2017Da46991).

B. On April 25, 2016, C purchased 0.375/5 shares of the real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant as KRW 10,000,000, and completed the registration of transfer of shares in its name on May 20, 2016.

B. On June 8, 2016, C entered into a contract with the Defendant to create a collateral security (hereinafter “instant collateral security contract”) with the maximum debt amount of KRW 20,000,000 with respect to the portion of KRW 0.375/5 of the instant real estate, and on the same day, C completed the registration of establishment of a collateral security (hereinafter “registration of establishment of a collateral security”) under the name of the Defendant in Seoul Northern District Court No. 47453 on the same day.

C. Property status C at the time of June 8, 2016, as follows:

(1) Of the real estate in this case, 1/5 equity of 0.375/5 equity of 0,000 1/5 equity among the real estate in this case, 3,000,000 equity of 1/5 equity among the real estate in this case 1/375/5 equity of 00,000 equity of 4th, Dongdaemun-gu Seoul Metropolitan Government D Building E-dong 2,000 provisional attachment G 285,646,858 3, 15,000 collective security court, K 2,40,000,000 collective security interest court, K 2,40,000,000 collective security interest and 240,000,000 equity of 1/375/5 equity of 10,000 among the real estate in this case, the fact that there is no dispute over the Plaintiff’s loan claims, Gap evidence No.1 through 8,10 (including each number, hereinafter the same), Eul evidence No.

2. Determination

A. According to the above facts of recognition of fraudulent act, we examine the plaintiff C.