beta
(영문) 서울동부지방법원 2019.11.28 2018가단108934

사해행위취소

Text

1. The sales contract concluded on August 24, 2015 between D and Defendant C shall be revoked.

Reasons

1. Basic facts

A. On October 10, 2013, the Plaintiff’s claim against D lent KRW 12,00,00 to D with a maturity of KRW 12,00,00 as of October 9, 2015, interest rate of KRW 8.9% per annum, and interest rate of delay interest of KRW 18.9% per annum. D lost its interest due to its failure to pay the above debt, and as of March 13, 2018, the obligation of the above loan as of March 13, 2018 was the total amount of KRW 11,99,831, interest of KRW 5,535,197, and interest of KRW 379,039,039, total of KRW 17,914,067.

B. On August 24, 2015, D entered into a sales contract with Defendant C to sell real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 20,000,000 (hereinafter “instant sales contract”); on August 25, 2015, Defendant C completed the registration of ownership transfer for the instant real estate based on the instant sales contract; on October 20, 2015, Defendant C sold the instant real estate at KRW 20,000,000 and completed the registration of ownership transfer for the Defendant B on October 21, 2015.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts of recognition as above, the loans of this case were incurred prior to the conclusion of the instant sales contract on real estate between D and Defendant C, and are subject to creditor's right of revocation.

B. Comprehensively taking account of the purport of evidence No. 6 as to whether a fraudulent act was committed, D may be acknowledged as having been in excess of its obligation at the time of conclusion of the instant sales contract. Barring special circumstances, D’s act of selling the instant real estate to Defendant C constitutes a fraudulent act detrimental to creditors including the Plaintiff, and D’s act of reducing its liability to creditors through the instant sales contract.

In this case.