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(영문) 대구지방법원 2016.01.28 2013가합11106 (1)

사해행위취소 등

Text

1. A sales contract concluded on June 14, 2012 between the defendant and the non-party B regarding the real estate stated in attached Table 1 List No. 1.

Reasons

1. Basic facts

A. On March 19, 2012, A loaned to B KRW 220 million per annum, interest rate of KRW 30% per annum, and due date of payment on May 19, 2012 (hereinafter “instant loan”). A Co., Ltd. (hereinafter “E”) jointly and severally guaranteed Defendant B’s obligation.

A, between B and E on the same day, a notary public prepared a notarial deed of debt (quasi-loan for Consumption) contract with the purport that B and E do not have any objection even if they are immediately subject to compulsory execution, in the event that B and E are unable to repay the loan claim of this case by the due date under No. 528 of the 2012.

In addition, on March 19, 2012, B completed on March 19, 2012 the registration of creation of a mortgage with regard to the real estate listed in the separate sheet Nos. 1 to 4 (hereinafter “each of the instant real estate”), which is based on the maximum debt amount of KRW 300 million, the mortgagee A, the debtor B, and the same day contract.

B. On June 14, 2012, B entered into a contract with the Defendant to sell real estate listed in attached Table 1 List 1(1) (hereinafter “instant building”) in the purchase price of KRW 760 million (hereinafter “instant sales contract”) and agreed to change the name of the owner of the instant building to the person designated by the Defendant.

B around June 25, 2012, around June 25, 2012, changed the name of the owner of the building permission received from the head of Daegu Northern District Office to the defendant.

C. A participated in the voluntary auction procedure (F of the Daegu District Court) regarding the instant real estate 1 through 4 as a mortgagee on August 1, 2013. On the date of distribution of the said auction procedure, A received dividends of KRW 174,620,216 out of the proceeds of sale of the instant real estate 1 through 4 real estate on August 1, 2013.

On the other hand, on November 5, 2015, B was declared bankrupt by the Daegu District Court 2015Hadan1090, while the instant lawsuit was pending, and thereafter B took over the instant lawsuit as a trustee in bankruptcy after the Plaintiff was appointed as the trustee in bankruptcy.