beta
(영문) 서울서부지방법원 2017.10.18 2017가단211071

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 June 17, 2011, B entered into a lease agreement with the Korea Social Services Korea Co., Ltd. with respect to the first unit of BMW vehicle on the condition that the amount of financial application 79,815,272 won, the lease period of 60 months, interest rate of 1.9% per annum, and overdue interest rate of 24% per annum, but the Plaintiff lost the benefit of time due to delinquency in payment of the above lease. 2) The Korea Social Services Korea Co., Ltd., Ltd., on July 15, 2015, transferred the lease claim against B (the principal amount of 6,953,911 won as of June 29, 2015, total of 249,350 won, total of 7,203,261 won).

The Plaintiff filed a payment order (Seoul Western District Court 2015 tea60801) with B (Seoul Western District Court 2015 tea60801) against B, and on September 24, 2015, the Plaintiff received an order to pay the Plaintiff the amount of KRW 7,203,261 as well as KRW 6,953,91 as to KRW 7,203,261 as well as the amount of KRW 6,953,91 per annum from June 30, 2015 to the day of full payment. The above payment order was finalized around that time.

B. B and the Defendant’s sales contract 1) On May 24, 2010, the Defendant leased the instant apartment from B to one year from June 4, 2010, the deposit amount of KRW 60,000, monthly rent of KRW 200,000, and the lease term of KRW 200,000 from June 4, 2010, and resided in the instant apartment. Since then, B had been implicitly renewed the lease term after September 15, 2012, the purchase price was KRW 175,00,000 for the instant apartment, which is the only real estate between the Defendant and the Defendant, and the purchase price was KRW 112,20,000 for the principal and interest of the loans at the time of the instant apartment, which was secured by the instant apartment, to be substituted by the Defendant’s deposit of KRW 60,000,000 for the Defendant’s Defendant.

3) On October 16, 2012, the Defendant completed the registration of ownership transfer on the instant apartment on October 16, 2012. [Grounds for recognition], Gap evidence Nos. 1 through 5, and Eul evidence Nos. 1 and 4 (vel number).