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(영문) 서울북부지방법원 2016.09.30 2016가단104453

사해행위취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. B entered into a loan agreement on April 16, 2013 with a bank in EF Savings Co., Ltd. (hereinafter “Saving Savings Bank”) and gave a loan of KRW 20 million, KRW 24 months, interest rate, and overdue interest rate, 34.9% per annum. However, a savings bank failed to repay KRW 9,807,377. On February 16, 2015, upon entering into an asset acquisition agreement to transfer B’s loan claims (hereinafter “instant loan claims”) to the Plaintiff, and on April 14, 2015, the Plaintiff notified B of the transfer of the transfer of the claim to the Plaintiff upon delegation by the savings bank, the transferor.

B. On May 29, 2015, the Plaintiff filed a payment order against B, with the Seoul Northern District Court 2015 tea21959, and the said court issued a payment order stating that “The Defendant would pay to the Plaintiff the amount equivalent to 34.9% per annum from April 29, 2015 to the date of complete payment” with respect to KRW 12,604,316, and KRW 9,807,37, among them. The said payment order was finalized on September 3, 2015.

C. B, on July 29, 2014, completed the registration of ownership transfer for the reasons of sale on July 25, 2014, with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”). At the time, B, with respect to the instant real estate, the mortgage was cancelled on April 14, 2008, which was the maximum debt amount set up for the instant real estate, as well as the maximum debt amount and KRW 50 million, which was set up as the fisheries cooperative for the coastwise Network of the mortgagee, and the mortgage was revoked on July 29, 2014, which was set up by the Defendant on January 13, 2012, which was set up as C, after the purchase of the instant real estate.

B had no particular property except for the ownership of the instant real property as active property at the time of the instant sales contract, and was in a state of excess of liability due to the burden of loans, etc. to various financial institutions as passive property.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 5, and this Court.