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(영문) 서울중앙지방법원 2019.07.11 2018가단5173305

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 28, 2015, the Plaintiff entered into a loan agreement with C on April 28, 2015, with the amount of KRW 37 million for financial application, contract term of KRW 60,000 for 60 months, and on April 27, 2020, the agreement rate of KRW 637,638 per annum, 10.63% per annum, and 13.63% per annum for overdue interest rate of KRW 13.63% (hereinafter “instant loan agreement”).

(2) As C did not pay a repayment from November 27, 2017, the Plaintiff terminated the instant loan agreement on February 8, 2018 in accordance with the instant loan agreement and the context of debate. On August 9, 2018, the remaining amount of the debt as of August 9, 2018 reaches KRW 17,738,124 (i.e., overdue interest of KRW 14,695,585, overdue interest of KRW 14,692,367, KRW 2,050,172).

B. (1) C, such as the transfer of ownership, completed the registration of ownership transfer on July 22, 2015 on the ground of the donation on July 21, 2015 (hereinafter “instant donation”) with respect to D Apartment E (hereinafter “instant apartment”) owned by C, Dobong-gu Seoul Metropolitan Government.

(2) With respect to the instant apartment prior to the registration of the foregoing transfer, the registration of the right to collateral security (hereinafter “registration of the right to collateral security”) was completed, which was created on the same day as the registration of the right to collateral security (hereinafter “registration of the right to collateral security”) established on November 21, 2013 by the Korea Housing Finance Corporation, C, the debtor, and the maximum debt amount of 462,000,000,000, and was completed on August 11, 2015, but the Defendant acquired the right to collateral security from C on August 13, 2015 with the exemption of the obligation to collateral security (hereinafter “registration of the right to collateral security”) on the same day as the registration of the right to collateral security (hereinafter “registration of the right to collateral security”) was completed on July 11, 2017.

C. (1) A, a legal couple who reported a marriage on March 31, 2008 with the Defendant and C, is a married couple who was married on March 31, 2008, and sleeped with two children (2008 and 2010) and was married, and went back from 2014 to her home. < Amended by Act No. 13308, May 2015>