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(영문) 광주지방법원 2017.06.21 2016가단531404 (1)

사해행위취소

Text

1.(a)

The sales contract concluded on June 7, 2012 between the defendant and B is 8,361.

Reasons

1. Additional judgments;

A. The Plaintiff filed a lawsuit against the Defendant for the revocation of a fraudulent act with the lower court’s 2016da531404. On May 31, 2017, the lower court rendered a judgment that “The sales contract concluded on June 7, 2012 between the Defendant and B with respect to the real estate indicated in the separate sheet between the Defendant and B shall be revoked within the limit of KRW 21,815,202. The Defendant shall pay to the Plaintiff the amount of KRW 21,815,202 and the amount calculated by the rate of KRW 5% per annum from the day following the date of the instant judgment to the day of full payment.”

B. However, the Plaintiff entered the purport of the claim as stated in the above order in the complaint, and entered it on March 23, 2017, and revoked the sales contract concluded on June 7, 2012 with the Defendant and B on the real estate stated in the separate sheet within the limit of KRW 30,177,042. The Defendant extended the claim to the Plaintiff to the effect that “The Plaintiff shall pay to the Plaintiff 30,177,042 won and the amount calculated at the rate of KRW 5% per annum per annum from the day following the day when the instant judgment became final and conclusive to the day of complete payment.” Since the court omitted the judgment on the expanded portion, this part still remains in this court, and thus, an additional judgment shall be rendered.

2. Basic facts

A. C on November 26, 2003, borrowed KRW 7,000,000 from Nando Mutual Savings Bank, and B jointly and severally guaranteed this.

B. On December 28, 2011, the claim of the said savings bank was transferred to the Investment Company Co., Ltd., Ltd., and thereafter, on March 16, 2016, the said claim was transferred to the Plaintiff and the notice of transfer was issued.

The amount of claims against the plaintiff B is KRW 30,177,042 as of March 22, 2017.

C. B entered into a sales contract with the Defendant, who is the birthee, on June 7, 2012, on the attached list (hereinafter the instant sales contract), and completed the registration of ownership transfer to the Defendant on the same day.

B disposed of the real estate listed in the attached list, and became a debt excess.

[Reasons for Recognition] There is no dispute, A 1.