beta
(영문) 대구지방법원서부지원 2014.12.11 2014가합759

사해행위취소

Text

1. As to motor vehicles listed in the separate sheet:

A. The contract to establish a mortgage concluded on June 26, 2013 between the Defendant and B.

Reasons

1. Basic facts

A. B purchased a motor vehicle listed in the attached Form (hereinafter “instant motor vehicle”) on April 4, 2013, and purchased a new installment loan of KRW 100,00,000 from the Plaintiff (former Social Co., Ltd.), but began to delay payment from October 25, 2013. As of February 17, 2014, the amount of arrears as of February 17, 2014 is the principal amount of KRW 92,279,50, interest of KRW 3912,368, 384,571, total of KRW 96,576,439,439.

B. On June 26, 2013, B concluded a contract to establish a collateral (hereinafter “instant collateral”) with the Defendant, who is the wife, regarding the instant automobile, and completed the registration of establishment of a collateral (100,000,000 won with the maximum debt amount on June 26, 2013 at the Daegu Metropolitan City Vehicle Registration Office.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 3, the Daegu Vehicle Registration Office of this Court, the result of each fact-finding reply to Daegu Seo-gu, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts, the Plaintiff’s installment loan claim against B was already established at the time of this case’s mortgage contract, and thus, this is subject to the revocation of fraudulent act.

B. In full view of the record of No. 5 of the fraudulent act No. 1 B's insolvency, the response of the order to submit tax information to Jung-gu in Daegu of this Court, as a result of the order of this court to submit financial transaction information to the National Bank, the Korean Bank, the Corporate Bank, and the new card, as well as the overall purport of the argument, the following facts were revealed: (a) at the time of the contract to establish the mortgage right of this case, the instant automobile of which the market price is equivalent to KRW 83,00,000 and the national bank deposit of KRW 1,219,874 was made; (b) as a debt of the loan, the small property of KRW 146,00,000 against the Korean bank, KRW 50,000 for the corporate bank, KRW 150,000 for the new card, KRW 10,348,870 for the Plaintiff, and the aforementioned incidental application amount was made against the Plaintiff.