beta
(영문) 대구지방법원 경주지원 2018.01.23 2016가단11564

사해행위취소

Text

1. All of the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

2. The costs of lawsuit are assessed against the Plaintiff and the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 29, 1996, E extended KRW 270,000,000 from the Non-Party Housing Guarantee (State Housing Business Mutual Aid Association, hereinafter “Korea Housing Business Mutual Aid Association”) (hereinafter “Korea Housing Business Mutual Aid Association”) to the loan of KRW 270,000,000 from the loan of the loan, the rate of the loan of the operating fund, interest, and overdue interest shall be according to the rate set by the Korea Housing Guarantee, but the above contract was loaned, but the interest was lost due to the failure to pay the agreed interest.

B. Korea Housing Guarantee filed a lawsuit against E seeking payment of principal and interest on remaining loans with the Busan District Court 2002Kahap664, and was sentenced to winning judgment. Around 2014, Changwon District Court 2014Kahap32861, and filed a lawsuit with the said court for the purpose of extending the prescription period of claims based on the above judgment, “E” 161,721,785 won and its interest rate of 16% per annum from June 4, 1999 to September 14, 199; 14% per annum from the following day to May 31, 2003; 20% per annum from the next day to the date of complete payment; 20% per annum from the next day to the date of complete payment; 8.19% per annum from the 19th day to the date of complete payment; 20% per annum from the 19th day to the 19th day of April 198, 1998.

(hereinafter referred to as the “instant loan claim”) a claim established by the above judgment.

The instant loan claim against Korea Housing Guarantee E was transferred to the Plaintiff on December 5, 2014 under a contract for the acquisition of assets on December 5, 2014, and the said transfer of assets was notified to E on March 30, 2015.

The principal and interest of the instant loan claim against the Plaintiff E is KRW 531,68,060 as of November 5, 2015.

E. E concluded each of the instant apartment buildings with the Defendant on April 3, 2015 and July 7, 2015, as follows, and the registration of ownership transfer in the name of the Defendant.