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(영문) 인천지방법원부천지원 2019.10.17 2018가단109785

사해행위취소

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1. The sales contract concluded on April 3, 2017 between the Defendant and C with respect to the real estate listed in the separate sheet is KRW 151,821,00.

Reasons

1. Facts of recognition;

A. On August 20, 2015, the Plaintiff entered into a monetary loan agreement with C on support funds for start-up enterprises (one year grace period) and accordingly, loaned KRW 200 million to C on the following day.

B. On April 3, 2017, C concluded a sales contract (hereinafter “instant sales contract”) with the Defendant, a friendship, to sell the instant apartment to KRW 359 million (the contract amounting to KRW 139 million) on a contractual date and the remainder of KRW 220 million (payment on April 20, 2017).

C. On April 7, 2017, the Defendant completed the registration of ownership transfer on the instant apartment due to the instant sales contract.

C At the time of the conclusion of the instant sales contract, a large amount of multiple obligations, including the obligation to repay loans to the Plaintiff (the Bank KRW 617,977,566, KRW D50 million, KRW 18,360,000, KRW 3573,630,000, KRW 139,000,000 for loans claimed by the Defendant, and KRW 35,673,630,000 for E organizations, and KRW 35,630,000 for F associations), including the obligation to repay loans to the Plaintiff; however, the amount of the obligation is increased further. However, the obligation was active property (excluding the fact that the secured obligation to the mortgagee G on the apartment of this case was fully repaid) (the market value of KRW 16,42,00,000, KRW 2,264,000, KRW 264,000, KRW 265,000,000).

[Ground of recognition] without any dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 and 2, response to the provision of financial transaction information by the head of the K Bank Business Support Center, response to each fact inquiry by the Korea Credit Guarantee Fund and the National Court Administration Office, and the purport of the whole pleadings

2. Determination

A. According to the fact of recognition as above, the Plaintiff extended KRW 200 million to C on August 21, 2015 and holds a loan claim under a monetary loan agreement.