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(영문) 서울서부지방법원 2015.02.05 2014가단207217

사해행위취소

Text

1. Defendant B is based on the Plaintiff’s 25,00,000 won and the interest rate of 20% per annum from March 25, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On October 11, 2010, the Plaintiff loaned KRW 25,000,000 to Defendant B, setting the maturity on November 25, 2010 and at the rate of 1% per month.

B. Defendant B entered into a sales contract on March 7, 201 with Defendant C on the real estate originally owned by Defendant B (hereinafter “instant real estate”), and completed the registration of ownership transfer for reasons of sale as Seoul Western District Court’s receipt No. 9762 on March 7, 2011.

C. Meanwhile, at the time of the conclusion of a sales contract, the registration of the establishment of a neighboring mortgage was completed on the instant real estate as follows, but each registration of the establishment of a neighboring mortgage was revoked on January 3, 2013.

Defendant B: (a) the actual maximum debt amount per the date of the contract to establish a right to collateral security; (b) the actual debt amount of Defendant B; (c) the amount of Defendant B; and (d) the lease deposit amount of KRW 13,000,000,000 between Defendant B and the lessee on September 15, 2010; and (d) the lease deposit amount of KRW 15,000,000,000 between Defendant B and the lessee on January 15, 2005. < Amended by Act No. 8174, Apr. 16, 2007; Act No. 1565, Apr. 19, 2007; Act No. 65, Oct. 15, 2000; Act No. 6573, Oct. 15, 2010>

Defendant B did not have any property except the instant real property at the time of the instant sales contract.

[Ground of recognition] The non-contentious facts or the entries of Gap evidence 1 to 10, the Minister of Land, Transport and Maritime Affairs and the President of Mapo-dong Saemaul Depository, each fact-finding inquiry results, the whole purport of the pleadings

2. Claim against the defendant B

A. According to the facts of the recognition of Defendant B’s loan payment obligation, Defendant B is obligated to pay to the Plaintiff the Plaintiff the amount of KRW 25,000,000,000 and damages for delay at the rate of 20% per annum from March 25, 2014 to the date of full payment, which is the day following the final interest payment date.

B. Determination as to Defendant B’s assertion (1) is based on the Plaintiff’s KRW 10,000,000 out of KRW 25,000.