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(영문) 창원지방법원마산지원 2016.10.14 2016가단7213

사해행위취소

Text

1. The sales contract concluded on February 23, 2015 with regard to the real estate listed in the separate sheet between the Defendant and B is KRW 17,042,656.

Reasons

1. Basic facts

A. Plaintiff B’s loan claim 1) The Plaintiff was a credit union under the Cultural Education Center of the relevant school juristic person, and the Defendant, a school employee of the said school juristic person, (i) KRW 10,00,000 on June 10, 2015, (ii) KRW 8.9% per annum on interest, KRW 10.3% per annum on June 10, 2015, and KRW 6,000,00 on May 22, 2014, the due date for payment was determined as KRW 8.7% per annum, and KRW 10.3% per annum on interest, and the credit loans were extended on June 19, 2015 by the due date until June 19, 2017) B began with interest loans extended from October 2015.

Accordingly, around April 2016, the Plaintiff filed a lawsuit claiming the return of the principal and interest of the loan with the Changwon District Court 2016Gau4362 against the Changwon District Court 2016, and received a favorable judgment on June 16, 2016, and the said judgment became final and conclusive around that time.

The Plaintiff’s above loan claim against B is KRW 17,042,656 as of July 7, 2016 (i.e., principal amount of KRW 16,00,000,000, KRW 16,042,656).

B. B B is a sales contract between the Defendant and B (hereinafter “instant apartment”) on February 23, 2015 (the date of the conclusion of the actual sales contract is deemed to be March 31, 2015, but the date of the conclusion of the actual sales contract is deemed to be March 31, 2015, based on the entry in the register) the only property indicated in the

(2) The Defendant sold KRW 120,000,000 to the Defendant, and completed the registration of ownership transfer on April 2, 2015 (hereinafter “instant sales contract”).

2) At the time of the instant sales contract, B was in an insolvent state with debt exceeding active property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4 (including provisional number), the purport of the whole pleadings

2. Determination

A. The claim protected by the obligee’s right of revocation of a preserved claim needs to be, in principle, arising prior to the commission of an act that can be viewed as a fraudulent act. However, there is a legal relationship that has already been based on which the claim was established at the time of the fraudulent act, and in the near future.