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(영문) 의정부지방법원고양지원 2017.11.08 2017가단81935

사해행위취소

Text

1. The contract to establish a mortgage between the defendant and the non-party C on January 13, 2015 regarding the real estate stated in the attached list.

Reasons

1. Basic facts

A. The Plaintiff loaned a total of KRW 890 million to C and D from January 2014 to September 20 of the same year. 2) The Plaintiff filed a lawsuit against D and D seeking the payment of damages under Suwon District Court Sungnam Branch 2015Gahap3514, Oct. 23, 2016. On June 23, 2016, the said court sentenced D to the payment of KRW 79.6 billion and its delay damages, and C and its delay damages jointly and severally with D, and the said judgment against C became final and conclusive on July 13, 2016.

B. C’s act of disposing of property (1) C is the real estate indicated in the separate sheet (hereinafter “instant real estate”) between the Defendant and the Defendant in excess of debt on January 13, 2015.

A) As to the instant mortgage contract, the maximum amount of debt is KRW 50 million (hereinafter “instant mortgage contract”).

(C) The registration of the establishment of a neighboring establishment (hereinafter “registration of the establishment of the establishment of a neighboring establishment”) was entered into on January 14, 2015 by the Suyang Branch of the District Court and the Goyang Branch of the District Court (hereinafter “Seoul”) No. 6189.

(2) On July 18, 2015, C concluded a sales contract with the Defendant to sell the instant real estate, which is one of its sole property, to the Defendant in KRW 193.5 million (hereinafter “instant sales contract”), and completed the transfer registration of ownership (hereinafter “instant transfer registration”) on July 24, 2015 with the Suyang Branch of the District Court, the Goyang Branch of the District Court, the Goyang Branch of the High Military Court, received on July 24, 2015, pursuant to Article 13310 (hereinafter “instant transfer registration”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), and the result of an order to submit taxation information to the head of the Silsan-si in the dismissal of the court, the purport of the whole pleadings

2. Determination as to the cause of action

A. The relevant legal doctrine regarding the establishment of a fraudulent act is an act of disposing of the debtor's property, and thereby, the debtor's property is reduced.