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(영문) 서울중앙지방법원 2018.10.17 2017나64370

사해행위취소

Text

1. Upon receipt of a claim for change in exchange at the trial, the defendant shall pay to the plaintiff KRW 245,00,000, and the defendant shall pay to the plaintiff the amount of KRW 245,00.

Reasons

1. Basic facts

A. On April 17, 2014, the Small and Medium Business Corporation grants loans to B as follows: (a) KRW 50,00,000 per annum 3.74% per annum; (b) 12% per annum; and (c) 50,000,000 per annum as of October 1, 2014; and (d) 4.46% per annum; (b) interest rate per annum as of October 1, 2014; (c) interest rate per annum as 117,692,400 won per annum; and (d) interest rate per annum as of June 8, 2017; and (e) interest rate per annum as of KRW 117,692,400 per annum; and (e) interest rate per annum as of KRW 100,000,000 per annum; and (e) interest rate per annum as of KRW 157,77,197,397,5868.

B. Of the buildings listed in the separate sheet, the registration of ownership transfer under B and the Defendant’s name was completed for each of the 1/2 shares in the building indicated in the separate sheet. However, on September 2, 2015, the registration of ownership transfer was completed on September 2, 2015 with the Seoul Central District Court’s receipt No. 238019, Sept. 2, 2015, under the Defendant’s name. The Defendant is the mother of B.

C. The Small and Medium Business Corporation: (a) donated shares 1/2 of the above building to the Defendant; (b) filed the instant lawsuit against the Defendant on the ground that it constitutes a fraudulent act; (c) but (c) on September 26, 2017, after the judgment of the first instance was rendered, B filed a petition for bankruptcy with the Seoul Rehabilitation Court (2017Hadan101379) and was declared bankrupt on November 20, 2017; and (d) pursuant to Articles 406 and 347(1) of the Debtor Rehabilitation and Bankruptcy Act, the Plaintiff appointed as the trustee in bankruptcy took over the instant lawsuit at the trial and exchanged the claim for avoidance under the Debtor Rehabilitation Act to increase the scope of compensation for value; and (c) subsequently, the Plaintiff transferred the claim at the trial and exchanged the claim for denial under the Debtor Rehabilitation Act to the

D. The main contents of the list of creditors B, excluding the Small and Medium Business Corporation, submitted in the above bankruptcy procedure, are as follows, and the active assets owned B, other than the 1/2 share of the above building, are as follows.