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(영문) 창원지방법원진주지원 2015.08.19 2014가합10710

사해행위취소

Text

1. The sales contract concluded on April 16, 2014 between the Defendant and B on the real estate listed in the separate sheet was 289,000.

Reasons

1. Basic facts

A. On February 8, 2012, the Plaintiff entered into a loan transaction agreement with C Co., Ltd. (hereinafter “C”) by setting the interest rate of 3.6% per annum as 12% per annum on each of the principal, interest, and interest accrued in cases where the repayment of principal and interest is delayed on the monthly repayment date in accordance with the repayment date table of principal and interest, and the respective payment period of interest accrued each month for three years according to the repayment date of principal and interest pursuant to the repayment date table. The Plaintiff entered into a loan transaction agreement by setting the interest rate of 460,000,000 won per annum and the overdue interest rate of 12% per annum.

(hereinafter “instant loan”). (b)

B as the representative director of C, jointly and severally guaranteed C’s debt of the instant loan to the Plaintiff.

C. B, on April 16, 2014, concluded a sales contract with the Defendant, who is the subject of ownership registration, to sell each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) for KRW 289,00,000 (hereinafter “instant sales contract”), and completed the registration of ownership transfer with respect to each of the instant real estate on April 24, 2014 to the Defendant.

On May 22, 2014, the Defendant determined the maximum debt amount of 240,000,000 won with respect to each of the instant real estate with the New Sea Agricultural Cooperative, and concluded a superficies contract for 30 years with the aim of owning a solid building or trees, and completed the registration of the establishment of a neighboring mortgage and the creation of superficies with the New Sea Agricultural Cooperative on the same day.

E. B at the time of the conclusion of the instant sales contract, the passive property exceeded the obligation exceeding the positive property.

F. Meanwhile, as of July 14, 2014, C and B bear the Plaintiff’s remaining principal and interest of the instant loan amounting to KRW 467,229,420.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 to 27 evidence, and corporation.