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(영문) 인천지방법원 2020.06.10 2019가단263423

사해행위취소

Text

1. Defendant A’s annual interest in KRW 9,662,216 and KRW 9,168,97 among the Plaintiff, from October 24, 2019 to January 22, 2020.

Reasons

1. Facts of recognition;

A. On March 14, 2017, the Plaintiff entered into a credit guarantee agreement with Defendant A with a view to KRW 10,000,000. The Defendant received a credit guarantee agreement from the Plaintiff under the said credit guarantee agreement and received a loan of KRW 10,000,000 from the Industrial Bank of Korea on the same day. (2) The Defendant delayed payment of interest on June 11, 2019, thereby losing the benefit of the said loan. The Plaintiff subrogated for KRW 9,168,977 to the Industrial Bank of Korea on September 30, 2019.

B. On April 10, 2019, Defendant A’s disposal act: (a) sold the real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant B, his wife, in the purchase price of KRW 192,00,000 (60,000,000 among them, Defendant B decided to acquire the secured debt of the right to collateral security established on the instant real estate); (b) Defendant B received each payment of KRW 32,00,000 on April 18, 2019; and (c) completed the registration of ownership transfer with the receipt of KRW 14,00,00 on April 19, 2019 from Defendant B.

(B) The Defendants’ purchase and sale contract with respect to the instant real estate is “the instant purchase and sale contract,” and the registration of ownership transfer under Defendant B’s name is “the instant transfer of ownership.”

(1) At the time of the conclusion of the instant sales contract, Defendant A’s active and negative property 1) active property ① The instant real property: 192,00,000 won: 2. Cbank deposits: 194,179,904 won: 194,179,904 won: 2) Small Property ① Loans to the Industrial Bank of Korea: 9,000,000 won (2) Loans to C Bank: 43,920,282 won: 110,000 won (4) Credit Loans to C Bank; 12,09,000 won (5) Credit Loans to C Bank: Credit Loans to F Bank; 4,045,000 won (7,99,000 won: Credit Loans to G Bank; 7,99,000 won (7,000 won) Loans to G Bank; 13,385,000 won