beta
(영문) 인천지방법원 2020.08.18 2019가단231617

사해행위취소

Text

For each of the real estates listed in the Schedule of Schedule 1/2:

A. It was concluded on October 15, 2018 between the Defendant and C.

Reasons

1. Facts of recognition;

A. D filed a lawsuit against C seeking payment of KRW 160,00,000 for a printing machine purchase price of KRW 160,000,000 and delay damages (or KRW 2017dadan5214, Jung-gu District Court 2017Na215033). On August 29, 2018, the appellate court of the instant case rendered a judgment to the effect that “C shall pay to D 135,000,000 won, and interest calculated at the rate of 15% per annum from March 14, 2017 to August 29, 2018,” and that “C shall pay to D 135,000,000 won per annum from the following day to the date of full payment (hereinafter “instant judgment”). The foregoing judgment became final and conclusive on December 14, 2018.

B. On November 20, 2018, the Plaintiff acquired the instant claim against C from D with respect to the instant judgment amount, and, on December 24, 2018, sent a notice of assignment by mail to C with respect to the content of the assignment of claims, and the said notice of assignment of claims was served to C on December 27, 2018.

C. On October 15, 2018, C completed the registration of ownership transfer on July 18, 2007 with respect to each real estate listed in the separate sheet owned by C, and on July 7, 2014, C completed the registration of ownership transfer with respect to each real estate listed in the separate sheet owned by C. On July 7, 2014, C completed the registration of ownership transfer with respect to each real estate listed in the separate sheet.

(B) As to the instant real estate share (hereinafter “the instant real estate share”), the Defendant concluded a mortgage agreement with the obligor C and the mortgagee as the Defendant (hereinafter “mortgage agreement”) with the maximum debt amount of KRW 250,00,000,00, and the Defendant concluded a mortgage agreement with the obligor C and the mortgagee as the Defendant. On the same day, the establishment registration of the entire share of the instant real estate share was completed in accordance with Article 119798, which was received by the Goyang Branch of the High Court of

C At the time of entering into the instant mortgage contract, it is difficult to view that there is any particular value of 4m2 of the active property C of Goyang-gu J road in Ilyang-gu, Jungyang-gu, Busan, as the active property.

Seoul, the share of the instant real estate and the market value of KRW 230,00,000,000, which are equivalent to the market value of KRW 358,386,760.