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(영문) 대전지방법원 논산지원 2018.01.18 2017가단20763

사해행위취소

Text

1. The sales contract concluded on April 8, 2016 between the defendant and the non-party B on the real estate stated in paragraph (1) of the attached Table No. 1 is 13.

Reasons

1. Facts of recognition;

A. B either obtained a loan from Hyundai Capital or obtained a credit card, and on June 16, 2014, the principal of the loan and credit card price as of June 16, 2014 is KRW 10,051,894.

On April 5, 2017, the Plaintiff informed B of the transfer of all claims against Hyundai Capital B, and on April 5, 2017, the amount of claims as of April 5, 2013,375,179, including the attempted amount of additional claims, and KRW 3,323,285.

B. As to the attached Table 1 Real Estate (hereinafter “Real Estate 1”), B completed the registration of ownership transfer on the ground of sale on April 10, 2005 as the receipt of May 10, 2005 by the court No. 37574, and the Defendant completed the registration of ownership transfer on the ground of sale on April 10, 2005. The Defendant completed the registration of ownership transfer on the ground of sale on April 12, 2016 as the receipt of No. 74699, April 8, 2016, in sequence, for the same day, the registration of ownership transfer was completed on the basis of sale on April 12, 2016. The registration of ownership transfer was completed in order

C. As to the attached Table 2 Real Estate (hereinafter “instant Real Estate 2”), B completed the registration of ownership transfer on April 17, 2010 as the receipt of No. 13268, April 27, 2010, and the Defendant completed the registration of ownership transfer on the ground of sale on April 17, 2010. The Defendant completed the registration of ownership transfer on March 29, 2016, with the receipt of No. 9836, April 6, 2016, in sequence, due to sale on March 29, 2016. The registration of ownership transfer was completed on the same day by the maximum debt amount, KRW 64.8 million, and the registration of ownership transfer on the part of the obligor

B was in excess of the obligation at the time of concluding the sales contract with the Defendant for the instant real estate No. 1.

Meanwhile, at the time, the publicly announced price of collective housing of the first real estate was KRW 42 million.

[Ground of recognition] Facts without dispute, Gap 1 to 8 evidence, the whole purport of the argument as a result of each fact-finding as to Gap 1 to 8, the discussion of this court, and the opinion of each fact-finding as whole

2. According to the facts of the judgment on the Plaintiff’s primary claim, the sales contract concluded on April 8, 2016 with respect to the instant real estate No. 1 between the Defendant and B constitutes fraudulent act and thus revoked.

On the other hand, the above.