beta
(영문) 광주지방법원 2018.06.01 2016가단506071

사해행위취소

Text

1. The plaintiff succeeding intervenor's claim is dismissed.

2. The costs of lawsuit shall be borne by the intervenor succeeding to the plaintiff.

Reasons

1. Basic facts

A. Claim 1 against C is limited to the Plaintiff (Withdrawal, hereinafter “Plaintiff”).

(1) On February 23, 2015, a loan shall be extended to C on a fixed basis as KRW 10 million, 24 months (e.g., the method of repayment of principal and interest on an equal basis) and 21% per annum (hereinafter “instant loan”).

(2) As C did not repay the principal and interest of the instant loan, the Plaintiff applied for a payment order against C seeking payment of the principal and interest of the instant loan under the court No. 2015 tea 15914, and the payment order becomes final and conclusive. As of the closing date of the instant argument, the balance of the principal and interest of the instant loan is KRW 7,403,324.

3) Meanwhile, on July 20, 2016, the Plaintiff, while continuing the instant lawsuit, transferred the instant loan claims to the Intervenor succeeding to the Plaintiff, and the assignment of claims was notified accordingly. 4) The Plaintiff’s succeeding intervenor filed an application for intervention in the instant lawsuit on October 25, 2016, and the Plaintiff withdrawn from the instant lawsuit on October 28, 2016.

B. dispositive act 1) C and Defendant B were legally married on July 6, 1990, and Defendant A is the mother of Defendant B. 2) On July 21, 2015, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), C completed the registration of ownership transfer claim based on the pre-sale agreement on July 9, 2015 to Defendant A, and completed the registration of ownership transfer on September 16, 2015 to Defendant B on September 11, 2015.

(hereinafter “each of the instant disposals”). At the time, the market price of the instant real estate was approximately KRW 300 million.

3) On October 12, 2015, C and Defendant B filed an application for confirmation of intention of divorce with the Gwangju Family Court 2015 HS2268, and received a written confirmation of intention of divorce from the said court on December 10, 2015, and filed a report of divorce with the said court on December 10, 2015. [The grounds for recognition A indicated in subparagraphs 1 through 4, 1 through 3, 1 through 3, 1 through 3, 1 through 3, and the purport of the entire pleadings, and the purport of the whole pleadings.

2. The parties' assertion and judgment

A. The intervenor succeeding to the plaintiff 1 who asserted by the parties C.