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(영문) 수원지방법원안산지원 2017.09.28 2016가합9244

사해행위취소

Text

1. A sales contract concluded on June 20, 2016 between the Defendant and B on the real estate listed in the separate sheet No. 1 list between the Defendant and B is 270,760.

Reasons

1. Basic facts

A. B entered into a loan transaction agreement with the Plaintiff on October 18, 2009, with a view to preparing the first and second intermediate payments in Yeonsu-gu Incheon Metropolitan City Officetel D 310 (hereinafter “Ctel”), whereby the loan amounting to KRW 176,730,000 from the Plaintiff during the loan period from October 10 to December 31, 201 pursuant to Article 3(5) of the Framework Terms and Conditions for Agricultural Credit Transactions (Provisional Use) at the rate of compensation for delay is set at 19% per annum.

B. B did not pay the above debt by December 31, 201. As of June 20, 201, B: (i) the principal and interest debt amounting to KRW 292,983,235; (ii) KRW 176,730,00; and (iii) overdue interest rate of KRW 20,185,229 (i) x 176,730,000 x 15.0% annual interest rate of KRW 360 x 365 x 360 x 2760 x 360 x 760 x 360 x 76 x 160 x 76 x 16.5 x annual interest rate of KRW 250,571 x 205 x 36.5 x annual interest rate of KRW 15.75 x 205 x 1.65 x annual interest rate of KRW 2715 x 1.5 x ;

C. On June 20, 2016, B entered into a sales contract with the Defendant, who is one’s own owner, to sell real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant for KRW 330,000,000 (hereinafter “instant sales contract”) and completed the registration of ownership transfer on June 27, 2016 to the Defendant based on the instant sales contract.

Around the time of the instant sales contract, B owned a total of KRW 1,109,384,800 as shown in attached Table 2 and a total of KRW 914,053,235.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 12, and Eul evidence Nos. 1 (including branch numbers), the fact inquiry results against the Minister of Court Administration of this Court, and the Director of the Korea Credit Information Institute of this Court.