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(영문) 청주지방법원 2019.05.03 2018나9778

사해행위취소

Text

1. Revocation of a judgment of the first instance;

2. As to each real estate listed in the separate sheet between the defendant and E, April 29, 2016.

Reasons

1. Basic facts

A. The Plaintiff’s claim formation 1) E began with the payment of the credit card issued by the Plaintiff from August 2013. 2) The Plaintiff filed a lawsuit against the Plaintiff for the claim for the payment of credit card bills with the Suwon District Court 2014 Ghana205143. The said court rendered a final judgment in favor of the Plaintiff on May 15, 2014 that “The Defendant (E) shall pay to the Plaintiff KRW 20,571,898 and KRW 9,502,02 per annum 29.9% per annum from October 16, 2013 to the date of full payment, 10,338,283 won per annum from October 16, 2013 to the date of full payment, and the said judgment became final and conclusive.”

B. E’s disposal act, etc. 1) G is each real estate listed in the separate sheet for sale due to voluntary auction on October 30, 2009 (hereinafter “each real estate of this case”).

2) On the same day, E acquired the ownership of each of the instant real estates, and on the same day, the registration of creation of a mortgage, which is a debtor G, the maximum debt amount of KRW 210 million, the establishment of a mortgage-holder H association, the debtor I, the debtor I, the maximum debt amount of KRW 165 million, and the registration of creation of a mortgage-holder E, respectively. 2) On December 14, 201, E was based on Cheongju District Court Young-dong Branch P, Young-dong Branch P, which was decided to voluntarily commence the auction on each of the instant real estates, but voluntarily withdraw the decision on commencement of the auction on May 10, 2012.

(3) After September 28, 2012, the registration of creation of a neighboring mortgage was cancelled on the ground of each termination. With respect to each of the instant real estate, the registration of creation of a neighboring mortgage, which is the debtor I, the maximum debt amount of KRW 290 million, the registration of creation of a neighboring mortgage, which is the Jantant, the debtor I, the debtor I, the maximum debt amount of KRW 130 million, and the registration of creation of a neighboring mortgage E (hereinafter referred to as the “mortgage”).

(4) On June 10, 2013, the J Association received a voluntary decision to commence the auction of each of the instant real estate by entering into the Cheongju District Court Young-dong L on each of the instant real estate.