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(영문) 대구지방법원영덕지원 2017.10.17 2016가단1750

사해행위취소 등

Text

1. The sales contract concluded on March 28, 2014 between C and the Defendant with respect to the real estate listed in the separate sheet is KRW 30,910,768.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “D”) on Nov. 28, 2000

(2) The Plaintiff received a loan by setting the interest rate of KRW 21 million per annum, 5% per annum, 15% per annum, and 27 December 2012 on the repayment date. The Plaintiff guaranteed C’s principal and interest of loan on the same day. (2) Although the repayment date expired, C did not pay the principal and interest of loan.

Accordingly, on December 7, 2006, the Plaintiff subrogated 22,517,560 won in total as the principal and interest of the loan.

3) As of October 5, 2016, the Plaintiff’s claim for reimbursement against C for the amount of subrogated payment is KRW 54,648,606, including three-dimensional expenses, KRW 1,277,304; KRW 96,249; KRW 97,831; KRW 30,659,662; and KRW 30,659,662. B.C’s disposal act, etc. (i) concluded a sales contract on the instant real estate (hereinafter “instant sales contract”) with the Defendant, one of his children, around March 28, 2014.

2) On April 1, 2014, C: (a) the receipt of the Daegu District District Court Nutrition receipt from the Defendant on April 1, 2014, under Article 2066 of the Act No. 2066, Mar. 28, 2014, each transfer of ownership in the name of the Defendant (hereinafter “each transfer of ownership in this case”).

(3) On the other hand, on the real estate of this case, the registration of creation of a mortgage, which is the debtor, C, and E-mortgage, was completed on December 30, 1995, with the maximum debt amount of 25 million won, based on the contract to establish a mortgage as of December 29, 1995, No. 8863, which was received on December 30, 1995.

The registration of cancellation was completed on August 14, 2014, which was received on August 14, 2014 on the registration of the establishment of a neighboring mortgage, as of August 14, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. Determination

A. As to the establishment of the secured claim, the instant sales contract had already been concluded on March 28, 2014, and thus, the Plaintiff’s claim for indemnity against C was established.