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(영문) 창원지방법원 2016.02.16 2015가단80112

사해행위취소

Text

1. The sales contract concluded on June 3, 2015 between the Defendant and B is KRW 4,133,586.

Reasons

1. Facts of recognition;

A. On February 8, 2012, the Plaintiff’s Hyundai Card Co., Ltd. entered into a credit card use agreement with B with B, and on June 30, 2015, notified the Plaintiff of the credit card use-price claim amounting to KRW 3,891,841.

As of June 3, 2015, as of June 3, 2015, the sum of B’s debt to the Plaintiff is KRW 4,133,586.

B. 1) B of the instant sales contract: each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”).

As to the sales contract, on June 3, 2015, the sales contract to sell the purchase price of KRW 245 million between the Defendant and the Defendant to the Defendant (hereinafter “instant sales contract”) (hereinafter “instant sales contract”).

(2) On June 3, 2015, the Defendant entered into an ownership transfer registration (hereinafter “instant ownership transfer registration”) with the Changwon District Court No. 15901, Jun. 3, 2015.

(2) On June 16, 2015, A completed the registration of ownership transfer as the receipt No. 17578 of the Changwon District Court on June 16, 2015. < Amended by Act No. 17578, Jun. 16, 2015>

3) At the time of the instant sales contract, each of the instant real estate was established on April 10, 2012: (i) the first right to collateral security, (ii) the Defendant of the said right, the maximum debt amount, and (iii) the second right to collateral security on October 2, 2013; (iv) the third right to collateral security on November 28, 2014, the third right to collateral security was established on November 28, 2014; (iii) the second right to collateral security was cancelled on June 16, 2015; and (iii) the third right to collateral security was cancelled on June 3, 2015, respectively.

2. The occurrence of the right to revoke the fraudulent act.