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(영문) 서울북부지방법원 2018.04.20 2017가단18412

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of premise;

A. On September 2, 2015, the Plaintiff’s debtor B purchased the instant apartment from C to KRW 432,50,000 (=contract deposit + KRW 372,500,000 + KRW 372,50,000 + KRW 30,000 + the succeeded amount of lease deposit).

B. On September 7, 2015, the Defendant, as the type B, remitted KRW 40,00,00 to C on September 7, 2015, KRW 153,605,118 to D, an authorized broker on September 23, 2015, and KRW 168,512,338 to D on September 23, 2015, respectively.

C. C had completed the registration of ownership transfer to B on September 23, 2015, and B had established the instant right to collateral security in order to secure 362,117,456 won in total of the purchase price borrowed from the Defendant and E, who is a punishment, and the details of changes in the registration of collateral security are as follows.

On December 26, 2012, 12.26, 201: (a) the debtor C, the mortgagee of the right to collateral security, and the Korean Bank on September 24, 2015, shall be reduced to KRW 121,00,000 (on September 23, 2015, repayment of KRW 213,40,000) on October 23, 2015; and (b) the debtor of the right to collateral security (on September 23, 2015, repayment of KRW 121,00,000,000,000 on September 23, 2015, 205; (c) the debtor of the right to collateral security; and (d) the debtor of the right to collateral security, the creditor of the right to collateral security; and (d) the debtor of the right to collateral security, the creditor of the right to collateral security, the amount of loan of KRW 10,100,000,000.

D. B, like the above Nos. 2, set up a collateral security with the Bank and appropriated 110,000,000 won from the loan to the balance of the purchase price of the apartment in this case, and used it as expenses such as the refund of the lease deposit and taxes related to purchase.

[Ground of recognition] Facts without dispute, Gap 1, 4 evidence (including more than one number), Eul 1, 6-10 evidence (including more than one number), the purport of the whole pleadings and the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that the contract of this case which provides the apartment of this case owned by B as bond security in excess of his debt constitutes a fraudulent act, and the defendant is not insolvent B from the defendant, etc.