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(영문) 서울북부지방법원 2019.03.26 2018가단114195
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a company that runs the debt collection business.

B. On June 12, 2017, the Plaintiff filed a lawsuit against C (D) and E and filed a lawsuit seeking the payment of the acquisition amount with the Plaintiff, and the said corporation and C jointly and severally rendered a favorable judgment to the Plaintiff to jointly and severally pay “5,957,639 won and 3,018,348 won, calculated at the rate of 24% per annum from June 13, 2017 to the date of full payment” (hereinafter “related judgment”), and the relevant judgment became final and conclusive on September 21, 2017.

C. The Defendant is the wife of C, who completed the registration of ownership transfer on May 31, 2004 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) on the grounds of sale on May 1, 2004.

The instant real estate had each of the maximum debt amount of 120,00,000 won, F Co., Ltd., Ltd., the debtor C-mortgage (former priority number 3), 26,40,000 won, the maximum debt amount of 31 October 2007, the registration of creation of which was completed on August 25, 2004, as well as 84,000,000,000 won, the maximum debt amount of 26,40,000 won, the debtor C-mortgage Co., Ltd., the debtor C-mortgage (former priority number 4), and the creation registration was completed on January 24, 2008.

hereinafter each of the above collective security rights is 3,4,5's priority number.

(e) On September 13, 2013, the registration of cancellation was completed on September 13, 2013 when the registration of establishment of a neighboring mortgage Nos. 3, 4, and 5 was completed on September 12, 2013.

2. Judgment on the plaintiff's claim

A. In accordance with the judgment regarding the Plaintiff’s assertion, the Plaintiff owned a claim for the amount of KRW 6,568,916 against C as of April 16, 2018, with respect to KRW 6,568,916. However, C donated funds necessary to cancel the registration of establishment of the instant real estate to the Defendant, the wife, in excess of the debt amount.

Such gift act of C is a fraudulent act.

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