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(영문) 서울북부지방법원 2016.07.07 2015가단142519

사해행위취소

Text

1. As to the Plaintiff, Defendant A’s KRW 49,836,397 and KRW 29,736,039 among them, the period from May 27, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On May 25, 2012, Defendant A added the lending period to five years from the Korea Standards Bank on May 25, 2012, and interest rate to 10.5% per annum to the CD fluctuation interest rate of three months, and the delay compensation rate to 10% again shall not exceed 21% but shall not exceed 37,500,000 won (hereinafter “instant first loan”).

(2) On June 28, 2012, Defendant A borrowed KRW 3,000,000 from the E-Order Savings Bank Co., Ltd. at the loan rate of 36 months and interest rate of 35.9% per annum.

(3) On the other hand, on January 22, 2014, the Plaintiff received the instant loan No. 1 and notified Defendant A of the transfer of the claim. On February 16, 2015, the Plaintiff received the instant loan No. 2 and notified Defendant A of the transfer of the claim. (4) As of May 26, 2016, the instant loan No. 1 remains in KRW 46,016,592 including the principal amount of KRW 29,736,039, and the principal amount of the instant loan No. 2 remains in KRW 3,819,805,805, including the principal amount of KRW 1,98,799.

B. Defendant A’s act of disposing of property (1) Defendant A’s mother on October 28, 2013, and Defendant A entered in the attached real estate list owned by Defendant B (hereinafter “instant apartment”) with his mother on October 28, 2013.

2) As to the sales contract (hereinafter “instant sales contract”)

At the time of October 29, 2013, Defendant B completed the registration of ownership transfer with respect to the instant apartment on October 29, 2013. (2) On June 12, 2012, Hyundai Swiss Savings Bank Co., Ltd., as a mortgagee, the registration of the establishment of a lease on a deposit basis of KRW 97,50,000 (the maximum debt amount was changed to KRW 81,90,000 on October 10, 2012) was completed, and the registration of the establishment of a lease on a deposit basis of KRW 180,00,000 and KRW 180,000 on February 25, 2013 was completed.

3. On the other hand, on December 30, 2013, the registration of the establishment of the right to lease on a deposit basis was cancelled on January 3, 2014.