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(영문) 서울동부지방법원 2020.04.23 2019가단127864

사해행위취소

Text

1. It is concluded on June 4, 2014 with respect to each portion of the real estate listed in the separate sheet between the defendant and C.

Reasons

1. Facts of recognition;

A. The Plaintiff’s secured claim 1) around April 24, 2012, D loaned KRW 4 million to C at a 36-month loan rate and 38.94% interest rate, respectively. Since C delayed payment of the above loan interest, D transferred the above loan interest to E Co., Ltd., and on April 28, 2017, the Plaintiff acquired the Plaintiff’s status as contractor from E Co., Ltd., Ltd., and thereafter, filed an application with the court for the payment order against C to the effect that “C shall pay the Plaintiff the amount of KRW 7,071,204 and the amount of KRW 2,926,649 each year from March 8, 2018 to the date of full payment (the above amount was finalized on May 61, 2018).”

3) Meanwhile, the amount of the Plaintiff’s claim for the transfer of shares against C calculated as of August 27, 2019 is KRW 8,750,998. (b) The Defendant concluded a sales contract for each of the above shares (hereinafter “instant sales contract”) on June 4, 2014 between C and C, which is one-half share owners of each of the real estate listed in the separate sheet (hereinafter “instant real estate”). On November 3, 2014, the Defendant concluded a sales contract for each share (hereinafter “instant sales contract”) and completed the registration of the claim for transfer of shares on June 5, 2014, and completed the registration of the transfer of shares on November 3, 2014.

2) At the time of the instant promise to sell and purchase the instant real estate, C did not have any other active property except each of the instant real estate, and did not have any other active property and did not exceed the obligation owed with the secured obligation under each of the following sub-paragraph (c). (C) At the time of the instant promise to sell and purchase the instant real estate, C share of each of the instant real estate at the time of the promise to sell and purchase the instant real estate was completed by the F. & the maximum debt amount of KRW 45 million.