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(영문) 수원지방법원안산지원 2017.08.10 2016가합8371

사해행위취소

Text

1. Defendant B’s KRW 210,000,000 as well as 18% per annum from January 1, 2014 to June 30, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. From October 28, 201 to April 26, 2012, the Plaintiff lent a total of KRW 193,000,000 to Defendant B.

B. Around November 201, Defendant B acquired the entirety of the right to operate the Fmag G in Ansan-gu E and I located in Y (hereinafter “instant golf course”) from D at KRW 400,000,000.

C. On September 20, 2012, Defendant C entered into a sales contract with Defendant C to sell each of the land listed in the separate sheet of real estate (hereinafter “instant land”) owned by it (hereinafter “instant sales contract”) and completed the registration of ownership transfer for Defendant C based on the instant sales contract as the head of Suwon District Court No. 41075, Nov. 9, 2012, with respect to the instant land as to the head of Suwon District Court No. 41075 on November 9, 2012.

Defendant B pays to the Plaintiff KRW 210,000,000 by June 30, 2014.

Interest: 18% per annum on the last day of each month from January 2014 to June 30, 2014.

Damages for delay: If Defendant B fails to pay the principal or interest by June 30, 2014, the damages for delay shall be paid at the rate of 30% per annum.

On January 16, 2014, Defendant B created and issued to the Plaintiff a notarial deed of a monetary loan agreement No. 33, 2014, which was issued by the notary public to the Plaintiff.

The main contents of the above notarial deed are as follows:

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, 5, 7, 18 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. Defendant B is obligated to pay to the Plaintiff the agreed amount of KRW 210,000,000 as stated in the above notarial deed drawn up on January 16, 2014, and the agreed interest and delay damages.

② Defendant B transferred the instant land, the sole property of which is his own property, to Defendant C in excess of the debt.

③ The instant sales contract concluded on September 20, 2012 with respect to the instant land between the Defendants ought to be revoked as a fraudulent act.