beta
(영문) 인천지방법원 2018.06.21 2017가단238577

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. The Plaintiff entered into an agreement with B as listed below [Attachment 1] and paid the loan.

[Attachment 1] Details of loan 1: Ez-Faly L/S lending (ARS) lending item C on August 5, 2009: 19% overdue interest rate of 15,000,000 won on August 5, 2011; and

B. B under the above loan agreement, when the obligation is not repaid on the loan maturity date or when the benefit of time is lost pursuant to the loan transaction basic terms and conditions, B agreed to pay damages for delay, including interest, to the balance of the loan, and lost the benefit due to delinquency in the payment of the loan principal and interest.

C. As of September 8, 2017, the Plaintiff (i.e., KRW 15,00,000, KRW 18,349,210) against B, as indicated in the following [Attachment 2], has a loan and a claim for delay damages (i.e., KRW 15,00, KRW 18,349,210).

[Attachment 2] The remainder of the debt (Preservation Right) No. 15,00,000 Won 18,349,210 Won 33,349,210 Won 49,210 Won 15,00,000 in total interest on the loan balance, which is the sum of interest on the loan balance.

The deceased Non-Party D (hereinafter “the deceased”), who is the father of B, succeeded to the deceased’s inherited property as the legal heir Nonparty F, B, G, H, I, and Defendant as the wife, according to the statutory inheritance shares. On August 6, 2014, B agreed that the real property of this case inherited from the deceased was owned by the Defendant, etc., who had no specific property, through an agreement on the division of inherited property (hereinafter “instant agreement”) with the Defendant, etc., in a state where there is no specific property other than the inheritance shares of the instant real property, and on January 8, 2015, the registration of the transfer of ownership was completed in the future by the Incheon District Court’s receipt of No. 1127 of the registration office of the Incheon District Court on January 8, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion B is avoiding compulsory execution on the instant real estate as the Plaintiff’s exercise of the loan to himself and the damages for delay.