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(영문) 서울중앙지방법원 2018.11.13 2017가단5238427

사해행위취소

Text

1. Defendant B shall pay to the Plaintiff KRW 154,375,00,00 per annum from January 31, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff has a claim of KRW 154,375,00 as of September 2016 with respect to Defendant B, the fraternity owner, KRW 154,375,00.

B. On October 17, 2016, Defendant B sold real estate listed in the attached list owned by the Plaintiff to Defendant C and completed the registration of ownership transfer on October 17, 2016.

At the time of the above sale, Defendant C acquired the right to collateral security (principal amount of KRW 49,500,000) established on the above real estate, and the remainder amount was deducted from the existing loan bonds of Defendant C with Defendant C.

C. At the time of the closing of argument in the instant case, the market price is KRW 70 million. After the purchase, Defendant C repaid the principal and cancelled the above collateral, and the transfer registration of ownership was completed on the ground of trust to a third party.

[Reasons for Recognition: Facts without dispute, Gap 1 through 9, each entry in Eul 1 to 3, the purport of the whole pleadings]

2. According to the above facts of recognition as to Defendant B, Defendant B shall pay the Plaintiff the money stated in paragraph (1) of this Article.

3. The Plaintiff’s claim against Defendant C (whether a fraudulent act is established) was already created before the above sales contract, and thus, the obligee’s right of revocation becomes the preserved claim.

In addition, since Defendant B sold the above real estate in excess of the debt, the above sales contract becomes a fraudulent act against the Plaintiff, and its intention is recognized, and Defendant C’s bad faith is presumed to be presumed to be the beneficiary (the evidence submitted by Defendant C alone cannot be deemed to be a bona fide act). Furthermore, since the collateral security was repaid after the above sales contract and the ownership of the third party was transferred to the third party and the return of the original property was impossible, the amount of compensation is 20,500,000 won (70,000-49,500,000).

Therefore, the above sales contract shall be revoked within the limit of KRW 20,500,000, and the defendant C shall pay the above money to the plaintiff as compensation for value.

4. Conclusion, the plaintiff's objection.