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(영문) 서울중앙지방법원 2016.06.29 2015가단112564

사해행위취소

Text

1. B on June 18, 2012, the face value of KRW 80,00,000 for the Defendant, the payee, the place of issuance, the place of payment, and the place of payment for the Defendant.

Reasons

1. Facts of recognition;

A. 1) North Korea Bank Co., Ltd. (hereinafter “North Korea Bank”);

(2) On October 23, 1998, “B et al. shall jointly and severally pay to all North Korea banks 20,034,765 won and interest thereon at the rate of 24% per annum from April 1, 1998 to the date of full payment,” and the above judgment became final and conclusive. (2) The Plaintiff (the former Mutual Telecommunication Loan Co., Ltd. prior to the change of April 1, 2015), the claims against the former Bank, and the social loan companies created by the East Telecommunication, and the notification of the assignment of claims is completed.

The Plaintiff’s claim against B is KRW 102,487,978 as of May 20, 2015 (= principal KRW 20,034,765, delay damages of KRW 82,453,213).

B. The Defendant’s fraudulent act 1) From June 18, 2012 to June 18, 2012, KRW 80,000 at face value, KRW 80,00 at face value, the payee, the place of issuance, the place of payment, and the place of payment, respectively, the date of issuance, June 18, 2012, and Promissory Notes payable at sight on the date of payment (hereinafter “instant Promissory Notes”).

(1) Upon receipt of the foregoing order, a notary public is a notarial deed in which the purport of recognizing compulsory execution was stated by Law Firm Hongju, No. 273, 2012 (hereinafter “notarial deed in this case”).

(2) B) On August 24, 1993, Kim Jong-si, Kim Jong-si, completed the registration of ownership transfer with respect to C 1 and 609.

With respect to the above real estate, the provisional attachment of Kim Jong-gu Fisheries Cooperatives (the claimed amount of KRW 28,618,067) and the registration of establishment of mortgage (the maximum amount of claims KRW 50 million) in the vicinity of the mortgagee D was completed.

The transaction value of the above real estate in the year 2012 is about KRW 45 million to KRW 60 million.

3) In addition to the Plaintiff’s obligations, B bears the obligation of KRW 561,964,00 in total for loans to 24 financial institutions. (c) The Defendant’s compensation 1) on the basis of the instant notarial deed, as regards the wage claims, etc., B, an incorporated association, to the Korea Amateur International Association (hereinafter “SA”) (hereinafter “SA”), are seized and seized.