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(영문) 서울중앙지방법원 2017.04.12 2015가단5340074

사해행위취소

Text

1. The sales contract concluded on February 10, 2014 between the Defendant and B is KRW 43,107,048.

Reasons

1. Facts of recognition;

A. As between July 20, 2013 and B, the Plaintiff is a new bank (hereinafter “new bank”) as between B and B on July 20, 2013

(2) B) From January 2014, 2014, the Plaintiff did not pay interest on the loan to a new bank. < Amended by Presidential Decree No. 25075, Jan. 20, 2014>

On March 12, 2014, the Plaintiff claimed the payment of insurance proceeds from a new bank, and on May 9, 2014, paid KRW 30,713,535 to a new bank.

3) The Plaintiff filed a lawsuit against B (Seoul Central District Court 2014Da33952) to file a claim for reimbursement against B, and rendered a judgment on September 26, 2014 that “B shall pay to the Plaintiff 30,814,511 won and 30,713,535 won among them, 15% per annum from May 30, 2014 to August 20, 2014, and 20% per annum from the next day to the date of full payment,” and the said judgment became final and conclusive on October 21, 2014, the amount of claims against B by the Plaintiff as of September 23, 2016 is KRW 43,107,048 won.

B. B and the Defendant’s sales contract 1) B are real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) On October 24, 2012, the Seoul East Eastern District Court (Seoul Eastern District Court) completed the registration of ownership transfer as of October 23, 2002. (2) The Defendant entered into a sales contract with B to purchase the instant real estate, which is the only property from B, with B (hereinafter “instant sales contract”), and completed the registration of ownership transfer as of February 24, 2014 by receipt of the Seoul East East Eastern District Court Registry as of February 24, 2014.

(3) On February 21, 2012, C entered into a lease agreement with B to lease the instant real estate by setting the deposit amount of KRW 170 million and the period from March 30, 2012 to March 29, 2014, and obtained the fixed date on April 4, 2012.

the order of receipt.