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(영문) 제주지방법원 2017.06.26 2016가단51087
사해행위취소
Text

1. The sales contract concluded on December 4, 2015 between the Defendant and C with respect to each real estate listed in the separate sheet was 282,572.

Reasons

1. Basic facts

A. On December 15, 2014, C shall pay KRW 500 million to the Plaintiff. In two installments, C shall pay each of the KRW 300 million on January 20, 2015 and KRW 200 million on January 20, 2017, and the interest shall be paid 0.5% on a monthly basis, and the interest shall be paid 30% on a monthly basis. On the other hand, C shall pay damages for delay calculated at the rate of 25% per annum. Meanwhile, upon receipt of a third party’s application for compulsory execution, provisional seizure, provisional disposition, or auction, a notarial deed stating that C shall lose the benefit of time upon the Plaintiff’s request and immediately repay the remainder in full.

Since January 2015, C repaid KRW 300 million to the Plaintiff. The said KRW 300 million was appropriated for interest KRW 3,041,096 and principal KRW 296,958,904 and the principal remaining as of January 20, 2015 is KRW 203,041,096.

B. On March 16, 2015, C took out a loan from a private credit cooperative, and gave the Defendant a right to collateral security of KRW 1,586,00,000 with respect to each real estate indicated in the separate sheet, which is the only property owned by it. On September 14, 2015, C created a right to collateral security, which is the maximum debt amount of KRW 400,000,000, to the Defendant.

C. On November 24, 2015, 201, a leap firm Co., Ltd. provisionally seized real estate of KRW 3,4,00,00 as indicated in the separate sheet, with a claim amounting to KRW 85,00,00. On December 15, 2015, the Plaintiff urged C to provide a certificate of content and to pay the remainder of the debt, and the Plaintiff reached the Defendant on December 23, 2015.

On the other hand, on December 4, 2015, C completed each registration of ownership transfer to the Defendant under the Jeju District Court No. 135909, Dec. 23, 2015, based on the sales contract concluded with the Defendant on December 4, 2015 with respect to each real estate listed in the separate list (hereinafter “instant sales contract”). The Defendant’s right to collateral security amounting to KRW 400,000,000 was terminated on the same day.

[Reasons for Recognition] Facts without dispute, Gap 1-7 evidence, Eul 1 and 2 evidence (including branch numbers), and the purport of the whole pleadings.

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