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(영문) 서울동부지방법원 2017.10.18 2017가단108449

사해행위취소

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1. Defendant B’s KRW 60,000,000 as well as 5% per annum from January 1, 2016 to April 2, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On February 14, 2015, the Plaintiff prepared and delivered a loan certificate stating that KRW 60,000,000 shall be repaid by Defendant B until December 31, 2015 (hereinafter “the instant loan certificate”).

B. On September 26, 2011, Defendant B donated 1/2 shares of the instant co-ownership (hereinafter “instant co-ownership”) from D, the owner and spouse of the real estate listed in the separate sheet (hereinafter “instant building”) and completed the registration of ownership transfer in his/her name on September 27, 201. Defendant B’s co-ownership was the only real estate of Defendant B.

C. On February 16, 2015, Defendant C entered into a contract to purchase the instant building at KRW 250,000,000 (hereinafter “instant sales contract”). Defendant B entered into a contract to purchase the instant building from Defendant B and B (hereinafter “instant co-ownership”) on March 4, 2015 with respect to the instant co-ownership as Seoul Eastern District Court’s receipt on March 4, 2015, and completed the registration of ownership transfer under Defendant C’s name.

At the time of the instant sales contract, the instant building: (a) under the name of Han Bank Co., Ltd. (Seoul Bank prior to the merger), the maximum debt amount of KRW 48,00,000,00 on February 25, 202; (b) each of the maximum debt amount of KRW 42,00,000 on August 30, 202 (70,000 as the actual secured debt amount of each of the above mortgages); and (c) the principal of each of the secured debt of KRW 39,00,000 (30,000,000 as the actual secured debt amount of KRW 30,00,000 on May 18, 206, under the name of Han Bank Co., Ltd. (the Seoul Bank); and (d) the secured debt amount of KRW 70,000,000 on April 30, 201, each of the secured debt amount of KRW 400,300,4000.

E. At the time of the instant sales contract, Defendant B also has the respective collateral security obligations.