beta
(영문) 청주지방법원 2020.07.09 2019가단30624

사해행위취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 24, 2017, the Plaintiff and C drafted a notarial deed of a monetary loan agreement whereby a notary public set KRW 33,000,000 to C on March 7, 2017 as the date on which the Plaintiff becomes due, and the delay damages rate of 10% per annum, as prescribed by Article 192 of the D Law Firm Certificate 2017.

B. The registration of ownership transfer was completed on September 18, 2018 on each real estate listed in the separate sheet owned by the Defendant (hereinafter “each of the instant real estate”) and on the same day C on the same day as on September 18, 2018 with respect to the share of 132/1284 square meters among the 1284 square meters of forest E in Cheongju-si, U.S. forest (hereinafter “instant E”).

C. Meanwhile, on September 18, 2018, C completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) as of September 18, 2018, on the ground of the registration of the Cheongju District Court and the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on September 18, 2018.

The Plaintiff filed an application for a compulsory auction with respect to each of the instant real estate and the instant E shares with Cheongju District Court F, and the said court rendered a decision to commence compulsory auction on November 7, 2018.

E. Since then, C completed the registration of transfer of ownership on March 27, 2019 as the registration of Cheongju District Court and as the receipt No. 35950 on March 27, 2019 for each of the instant real estate (hereinafter “instant sales contract”) on the grounds of the sale and purchase on March 26, 2019 (hereinafter “instant sales contract”).

(B) The Plaintiff’s decision to commence compulsory sale of each of the instant real estate was cancelled due to the principal registration based on the provisional registration of this case, and the auction court revoked the decision to commence compulsory sale of the instant E shares, and dismissed the Plaintiff’s application for compulsory sale of real estate.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-7, the purport of the whole pleadings

2. Determination:

A. At the time of the instant promise to sell and purchase the preserved bonds and the sales contract, the Plaintiff’s loan claim has already been due.