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(영문) 서울중앙지방법원 2019.08.21 2018가합525779

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 22, 2016, the Plaintiff loaned KRW 20,000,000 per annum to C, KRW 306,50,000 per annum on April 21, 2017, and KRW 306,50,000 on August 5, 2016, respectively, as the interest rate of KRW 25% per annum and the due date of repayment on May 8, 2017.

(B) The Plaintiff’s loan claim against C (hereinafter “instant loan claim”).

C’s disposal of the instant real estate was completed on August 8, 2016 by the Defendant for the instant provisional registration based on the instant promise to sell and purchase the instant real estate.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 2 and 5 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. Although the grounds for registration of the instant provisional registration were the pre-sale for sale and purchase as of June 30, 2016, the provisional registration of this case based on such grounds was completed as of August 8, 2016 or 38 days from the provisional registration of this case, and the Defendant applied for auction of the instant real estate, and the instant provisional registration was asserted as a provisional registration to secure a claim based on a notarized deed as of July 4, 2016, prepared after June 30, 2016, which was made after June 30, 2016, the Defendant and C should be deemed to have entered into a pre-sale for sale and purchase on August 8, 2016, which was completed the instant provisional registration and completed that date retroactively as of June 30, 2016.

Therefore, the Plaintiff’s instant loan claim against C arising on July 22, 2016 and August 5, 2016 is the right of revocation of the instant contract.

B. In addition, the Defendant borrowed money to C in relation to the construction contract entered into with C. The Defendant borrowed money from the Defendant’s husband D who is not the Defendant, and the Defendant borrowed money from E in order to raise a loan to C. The obligor of the borrowed money to E is D, the real estate provided as security for the borrowed money is owned by D, and the money was transferred from the account under the name of D to C.