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(영문) 춘천지방법원 강릉지원 2018.06.20 2018가단31473
사해행위취소
Text

1. A motor vehicle which was concluded on June 20, 2017 between the defendant and a limited partnership company as to the motor vehicle listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On June 19, 2015, the Plaintiff loaned 159,000,000 won to a limited partnership company B (hereinafter “B”) at an annual interest rate of 6.9% per annum, 24% per annum, and the repayment method at a monthly rate of 60 months.

B. B, from August 21, 2017, lost the benefit of time due to the delay in payment. On August 10, 2017, B filed an application for simplified rehabilitation with the Chuncheon District Court as 2017 Compact 1 and received a decision to commence a simplified rehabilitation procedure on October 16 of the same year from the above court, and was decided to discontinue the rehabilitation procedure on January 30, 2018.

C. The Plaintiff’s balance of the loan principal is KRW 99,318,227.

B On June 20, 2017, the Defendant, the representative member of B and the wife of C, the joint and several surety for the said loan, entered into a contract to sell an automobile listed in the separate sheet (hereinafter “instant sales contract”) (hereinafter “instant vehicle”), and completed the ownership transfer registration under the Defendant’s name as the receipt of June 20, 2017 as to the instant vehicle.

[Ground of recognition] Facts without dispute, entry of evidence A1 to 7, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Plaintiff’s claim for loans against B may be a preserved claim against the obligee’s right of revocation, and the Plaintiff’s claim for loans may be a simplified rehabilitation application on August 10, 2017, in which two months have not elapsed since the date of conclusion of the instant sales contract, and the Plaintiff’s claim for installment rehabilitation was filed on August 10, 2017, and was in arrears from the 21st of the same month to the date of the conclusion of the instant sales contract

Therefore, it is presumed that B entered into the instant sales contract with the Defendant, who is the representative’s wife, and the transfer of the registered name of the instant vehicle constitutes a fraudulent act in relation to the Plaintiff, who is the creditor, barring any special circumstance, and the Defendant, who is the beneficiary, is presumed to be the beneficiary.

Therefore, the sales contract of this case is revoked as a fraudulent act.

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