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(영문) 서울중앙지방법원 2020.01.08 2019가합535117

사해행위취소

Text

1. Defendant B shall pay to the Plaintiff KRW 420 million and KRW 220 million among them, from July 7, 2011.

Reasons

1. Basic facts

A. From July 7, 2011 to January 21, 2016, the Plaintiff loaned a sum of KRW 420 million to Defendant B on July 7, 2011, KRW 30 million on July 7, 2011, KRW 30 million on July 7, 201, and KRW 30 million on July 4, 201, KRW 30% on November 4, 201, annually, 201, KRW 30 million on April 24, 2012, KRW 30% on July 23, 2012, KRW 30% on July 21, 2016, KRW 200 million on July 21, 2016, KRW 2500,00 annually.

B. On July 11, 2018, Defendant C concluded a sales contract (hereinafter “instant sales contract”) with E as to the land listed in paragraph (1) of the attached Table No. 1 (including Defendant B’s share 3/10) and the building listed in paragraph (2) of the attached Table No. 2 of the Defendant B’s ownership located on the ground (hereinafter “instant real estate”) located on the land through the brokerage of D Co., Ltd., and completed the registration of ownership transfer on August 30, 2018.

[Reasons for Recognition] Defendant B: The fact that there is no dispute between Defendant C and Defendant C by service by public notice, each entry in Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. According to the above facts finding as to the claim against Defendant B, the Defendant is obligated to pay to the Plaintiff the interest rate of KRW 420 million in total and KRW 220 million in total from July 7, 2011 to the date of full payment, which is 30% per annum from July 7, 2011 to the date of full payment, and the interest rate of KRW 100 million per annum from November 4, 201 to the date of full payment, which is 30% per annum from November 4, 2011 to the date of full payment, and the interest rate of KRW 30 million from April 24, 2012 to the date of full payment, which is 30% per annum from April 24, 2012 to the date of full payment.

3. Determination as to the claim against Defendant C

(a) The establishment of a fraudulent act (1) is established in money in which the debtor sells and consumes real estate which is the sole property.