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(영문) 서울남부지방법원 2020.07.09 2019가단233250

사해행위취소

Text

1. A real estate sales contract concluded on April 14, 2017 between the Defendant and C regarding the real estate stated in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) D Co., Ltd. loaned KRW 10 million to C on March 8, 2017, KRW 10,000,000 to C on March 8, 2019, and KRW 27.9% per annum on the day when the contract expires, and D Co., Ltd transferred the above loan claim to the Plaintiff on December 5, 2017. (2) The Plaintiff filed a lawsuit against C seeking the payment of the transfer amount under the Seoul Northern Northern District Court Decision 2018Ga60515, and the said judgment became final and conclusive around that time.

3) On June 13, 2012, C applied for membership with a credit card and issued a credit card to E, and delayed payment of the credit card amount until April 14, 2017. E Co., Ltd. (F Co., Ltd.), and F Co., Ltd. (F Co., Ltd.) assigned the credit card payment claim to the Plaintiff on July 3, 2017, in sequence, on December 20, 2017. (4) The Plaintiff filed a lawsuit against C seeking payment of the above credit card payment with the Seoul Northern District Court Decision 2018Da563685, Jan. 31, 2019, and the said judgment became final and conclusive around that time.

B. On April 14, 2017, C’s disposal act entered into a sales contract (hereinafter “instant sales contract”) with the Defendant with respect to real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”). On April 24, 2017, C’s disposal act completed the registration of ownership transfer in the name of the Defendant (hereinafter “instant transfer registration”) on April 14, 201 by the Seoul Southern District Court’s registration date on April 24, 2017.

C. At the time of the instant sales contract, C had 1/30 shares of the 5,434,110 won of the market value in addition to the instant real estate, and at the time of the instant sales contract, C had a 1/30 share of the 1/30 shares in the H of the G Building, and the I Bank had a 20 million share of the 2,000,000 won, F’s obligation to F, and 2,735,00 won in the J Card.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 11 respectively.